446.960 Food processing establishments:
Instruction or training of operator when anaerobic process or result involved.

GENERAL PROVISIONS

NAC 446.010Definitions. (NRS 439.200, 446.940)As used in this chapter,
unless the context otherwise requires, the words and terms defined in NAC 446.0105 to 446.038,
inclusive, have the meanings ascribed to them in those sections.

NAC 446.0105“Approved” defined. (NRS 439.200, 446.940)“Approved” means any
place, object or practice that conforms with principles, practices and
generally recognized standards that protect public health, as determined by the
health authority.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.011“Barbecue” defined. (NRS 439.200, 446.940)“Barbecue” means an area
or facility at a food establishment, other than the main area for preparing
food, that has equipment for cooking food.

NAC 446.0122“Caterer” defined. (NRS 439.200, 446.940)“Caterer” means an
approved food establishment that is capable of serving or preparing food at a
location other than its primary location.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.0125“Critical control point” defined. (NRS 439.200,
446.940)“Critical
control point” means a point or procedure in a system of receiving, storing,
processing, preparing or serving food where nonadherence to procedures may
result in an unacceptable health risk to the patrons of a food establishment.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.0126“Division” defined. (NRS 439.200, 446.940)“Division” means the
Division of Public and Behavioral Health of the Department of Health and Human
Services.

(Added to NAC by Bd. of Health, eff. 10-30-97)—(Substituted
in revision for NAC 446.0146)

NAC 446.013“Extensively remodeled” defined. (NRS 439.200, 446.940)“Extensively remodeled”
means the construction, building, repair or alteration of, or installation of
new equipment in, a food establishment which requires a permit from the health
authority, local building department or as stated in the Uniform Plumbing
Code or Uniform Building Code.

NAC 446.015“Mobile unit” defined. (NRS 439.200, 446.940)“Mobile unit” means any
vehicle operating from an approved servicing depot, in which food, beverages,
frozen desserts or dairy products and mixes are prepared, processed or
converted for human consumption and which is used to sell and dispense food and
beverages to customers. The term does not include a push cart or any similar
operation.

NAC 446.016“Ornamental attraction of water” defined. (NRS 439.200,
446.940)“Ornamental
attraction of water” means a fountain or similar aesthetic feature filled with
water that is used for decorative purposes only and is found in the dining area
of a food establishment.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.017“Packaged” defined. (NRS 439.200, 446.940)“Packaged” means contained
in a bottle, can or carton or securely held in a bag or a wrap.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.018“Packaging with a modified atmosphere” defined. (NRS 439.200,
446.940)“Packaging
with a modified atmosphere” means packaging material in which the oxygen has
been:

1. Reduced by mechanical evacuation;

2. Displaced with another gas or combination
of gases; or

3. Otherwise reduced to less than 21
percent.

Ê The term
includes, without limitation, methods of packaging that may be referred to as
“sous vide,” altering the atmosphere, controlling the atmosphere, reducing the
oxygen, lowering the oxygen or vacuum packaging.

NAC 446.021“Person in charge” defined. (NRS 439.200, 446.940)“Person in charge” means
the person present at a food establishment who is responsible for the operation
of the establishment at the time of an inspection.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.022“pH” defined. (NRS 439.200, 446.940)“pH” means the degree of
acidity or alkalinity of an aqueous solution equal to the negative logarithm of
the effective concentration of the hydrogen ion.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.023“Plan for analyzing the hazards of critical control points”
defined. (NRS 439.200, 446.940)“Plan for analyzing the
hazards of critical control points,” commonly known as an “HACCP plan,” means a
written document created by a food establishment that sets forth the formal
procedures for following the principles of the “Hazard Analysis and Critical
Control Point System,” developed by the National Advisory Committee on
Microbiological Criteria for Foods and available from the United States
Department of Agriculture, 1255 22nd Street N.W., Washington, D.C. 20250-3700.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.024“Portable unit for service of food” defined. (NRS 439.200,
446.940)“Portable
unit for service of food” means a piece of equipment operated within a building
and pursuant to a contract with a food establishment or an approved servicing
depot for the preparation and service of a limited menu that has been approved
by the health authority.

(a) Food that consists, in whole or in part, of
milk, products made from milk, eggs, meat, poultry, fish, shellfish, edible
crustacea or other ingredients in a form capable of supporting the rapid and
progressive growth of infectious or toxigenic microorganisms.

(b) Cereals, fruits, vegetables and dairy products,
such as cooked rice, eggs, other than powdered eggs, baked or boiled potatoes,
moist soy protein products, any mixture that includes garlic in oil, melons
that have been cut, sliced or otherwise breached, whipped butter, products of
margarine that contain butter or raw seed sprouts, that have been declared by
the health authority to be potentially hazardous.

2. The term does not include foods which
have a pH level of 4.1 or below or a value of water activity of 0.85 or less.

3. Synthetic ingredients used in pastry or
baked products may be excluded from this definition if a report from an
approved laboratory stating that the ingredients will not support the rapid and
progressive growth of infectious or toxigenic microorganisms is filed with the
health authority.

NAC 446.027“Product module” defined. (NRS 439.200, 446.940)“Product module” means a
food container designed for the service of bulk food by direct or indirect
means for customers who serve themselves.

(Added to NAC by Bd. of Health, eff. 10-14-88)

NAC 446.030“Safe materials” defined. (NRS 439.200, 446.940)“Safe materials” means
articles manufactured from or composed of materials that are not expected to
become a component of or otherwise affect the characteristics of any food.

NAC 446.036“Support animal” defined. (NRS 439.200, 446.940)“Support animal” means an
animal that is necessary for a person with a visual, aural or physical
disability to conduct his or her daily activities.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.037“Surface which may come into contact with food” defined. (NRS 439.200,
446.940)“Surface
which may come into contact with food” means the surface of a piece of
equipment or a utensil:

1. With which food normally comes into
contact; or

2. From which food may drain, drip or
splash:

(a) Into food; or

(b) Onto a surface with which food normally comes
into contact.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.038“Value of water activity” defined. (NRS 439.200,
446.940)“Value
of water activity,” as indicated by the symbol “aw,” means the quotient of the
pressure of water vapor in a substance divided by the pressure of water vapor
in pure water when the pure water is at the same temperature as the substance.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.040Severability. (NRS 439.200, 446.940)If any provision of this
chapter or any application thereof to any person, thing or circumstance is held
invalid, it is intended that such invalidity not affect the remaining
provisions or applications to the extent that they can be given effect.

(c) Store all food to be sold or offered for sale
within the establishment.

(d) Ensure that the display or storage of food
meets the requirements of NAC 446.050 to 446.195, inclusive.

(e) Ensure that food is not consumed on the
premises.

(f) Not offer seating to the public.

(g) Ensure that the primary business of the
establishment is not related to food and that the portion of the establishment
that is related to food does not occupy more than 25 percent of the total area
of the establishment.

2. The food sold or offered for sale by a
food establishment that has been exempted pursuant to the provisions of NRS 446.870 may include:

(a) Commercially canned or bottled beverages;

(b) Coffee or coffee beans;

(c) Prepackaged snacks and candies; and

(d) Prepackaged food supplements such as spices,
teas and herbs.

3. The handling of food, including cooking
food, opening containers of bulk food and repackaging or processing food of any
kind, is not allowed within such an establishment.

4. If a food establishment fails to comply
with the requirements of this section, the health authority shall revoke the
exemption and close the portion of the establishment that sells food. A food
establishment that has had its exempt status revoked must obtain a permit
pursuant to the provisions of NRS
446.875 before resuming any operation of a food establishment.

1. Food from an unapproved or unknown
source, or food which is or may be adulterated, contaminated or otherwise unfit
for human consumption, is found in a food establishment.

2. Potentially hazardous food is held longer
than necessary for preparation or service at an ambient temperature which is
greater than 40°F (4.44°C) or less than 140°F (60°C) or under any other
condition capable of supporting the rapid growth of bacteria.

3. Potentially hazardous food served to
customers or exposed to other contamination is served again.

4. A person infected with a communicable
disease that can be transmitted by food is working as a food handler in an
establishment.

5. Persons not practicing strict standards
of cleanliness and personal hygiene which may result in the potential
transmission of illness through food are employed in an establishment.

6. Equipment, utensils and working surfaces
are not cleaned and sanitized effectively and may contaminate food during
preparation, storage or service.

7. Sewage or liquid waste is not disposed of
in an approved and sanitary manner, or the sewage or liquid waste contaminates
or may contaminate any food, areas used to store or prepare food, or an area
frequented by customers or employees.

8. Toilets and facilities for washing hands
are not provided, properly installed, designed, accessible or convenient.

9. The supply of potable water is not
approved or does not meet the applicable requirements for sampling and public
notification set forth in chapter 445A
of NRS and any regulations adopted pursuant thereto, and an operator does not
use items intended for a single use and bottled water from an approved source.

10. A defect or condition exists in the
system supplying potable water which may result in the contamination of the
water and become a substantial health hazard.

11. Insects, rodents or other animals have
contaminated food.

12. Toxic items are labeled, stored or used
improperly or inadequately.

NAC 446.050Safety of food for consumption; use of food from private home;
labeling of certain food. (NRS 439.150, 439.200, 446.940)

1. All food must be free from spoilage,
filth, adulteration, misbranding and contamination and must be safe for human
consumption.

2. Food must be protected from contamination
and spoilage while it is being handled, packaged, stored, displayed, dispensed
and transported.

3. Food must be protected from
cross-contamination between foods, equipment, utensils or other surfaces which
may come into contact with food and from contamination by insects,
insecticides, rodents, rodenticides, probe price markers or probe
identification markers.

4. No food prepared or stored in a private
home may be used, stored, served, offered for sale, sold, given away or offered
to the public in a food establishment.

5. Prepackaged sandwiches made for sale and
consumption off the premises must have a label that has been approved by the
health authority. The label must include:

(a) The name of the food establishment;

(b) The mailing address of the food establishment,
including:

(1) The number of the street or post office
box;

(2) The city;

(3) The state; and

(4) The zip code;

(c) A list of ingredients in descending order of
predominance; and

(d) The last date of sale shown clearly as the
three letters of the month followed by the date. Frozen sandwiches that have
been thawed must also be dated to indicate the last date of sale.

6. Food that is prepared and stored in a
food establishment for later use must have a label that includes the contents
and the date on which the food was prepared.

7. Packages of food, including packages of
food repackaged from bulk that was prepared in this State, that are for sale in
a food establishment must have a label which has been approved by the health
authority.

1. Bulk food must be labeled by common name
if stored in something other than its original container unless the food can be
identified.

2. Bulk food sold at retail must be labeled
with:

(a) The bulk container labeling of the manufacturer
or processor in plain view; or

(b) A counter card, sign or other appropriate
device,

Ê bearing
prominently and conspicuously the common name of the product, a list of
ingredients in descending order of predominance and a declaration of any
artificial color or flavor or chemical preservative contained in the product.

3. Labels or marking pens must be made
available to customers to identify the food they select from a bulk container
for purchase.

4. Only containers in the display area that
comply with subsections 1 and 8 of NAC 446.215, NAC 446.230 and subsection 1 of NAC
446.235 may be filled with bulk food.

1. Except as otherwise provided in
subsection 3, fresh and frozen shellfish, such as oysters, clams or mussels,
must be packed in nonreturnable packages which are labeled with the name and
address of the original processor or the person who repacked them, and the
number for interstate certification. Shell stock and shucked shellfish must be
kept in the container in which they were received until they are used.

2. Each container of unshucked shellfish,
such as oysters, clams or mussels, must be identified by a tag attached to the
container, to be retained for 90 days, that states the name and address of the
original processor, the kind and quantity of shellfish in the container, and
the number for interstate certification issued by the state or a foreign
agency.

3. Fresh shellfish may be displayed in a
tank that is designed to support the life of shellfish if:

(a) No water that is used for fish other than
shellfish is able to flow into the tank for shellfish.

(b) The operation of the tank does not adversely
affect the safety and quality of the shellfish.

1. Only clean whole eggs with their shells
intact or pasteurized liquid, frozen or dry eggs or products made from dry eggs
may be used in a food establishment, except that eggs which have been
hard-boiled, peeled and commercially prepared and packaged may be used.

2. A food establishment shall use
pasteurized liquid, frozen or dry eggs or products made from pasteurized eggs
instead of whole, fresh eggs in the preparation of dishes and condiments that
are not cooked, such as a caesar salad, hollandaise or bernaise sauce,
noncommercial mayonnaise, eggnog, ice cream or any beverage that is fortified
with eggs.

NAC 446.085Meat, game animals, fish and poultry. (NRS 439.150,
439.200, 446.940)All meat, products made
from meat, game animals, products made from game animals, fish, products made
from fish, poultry and products made from poultry must be from a source
approved by the health authority.

1. Baked products must be prepared in an
approved food establishment or food processing establishment, and handled and
transported in an approved manner.

2. Baked products filled with synthetic
ingredients that will not support the rapid and progressive growth of
infectious or toxigenic microorganisms must be labeled to state that
refrigeration is not required.

NAC 446.095Storage of potentially hazardous food. (NRS 439.150,
439.200, 446.940)Except as otherwise
provided in this chapter, potentially hazardous food must be stored at a
temperature of 40°F (4.44°C) or below or 140°F (60°C) or above.

NAC 446.100Emergencies. (NRS 439.150, 439.200, 446.940)If the occurrence of an
emergency such as a fire, flood, loss of power or similar event might result in
the contamination of food or prevent potentially hazardous food from being
stored at required temperatures, the person in charge at the food establishment
shall immediately contact the health authority. Upon receiving notice of the
emergency, the health authority will take any action necessary to protect the
public health.

1. Except as otherwise provided in
subsection 3, if food is removed from the container or package in which it was
obtained, it must be stored in a clean covered container unless it is being
prepared or served.

2. The cover of the container must be impervious
and nonabsorbent, except that clean linens or napkins may be used for lining or
covering containers for bread or rolls. The linens or napkins must be changed
or discarded after each use.

3. Solid cuts of meat must be covered while
in storage, except that quarters or sides of meat may be hung uncovered on
clean sanitized hooks if no food is stored beneath the meat. No meat may be
stored in direct contact with shelves.

4. Whole, uncut and raw fruits and
vegetables, and nuts in their shells may be kept in their original shipping
containers until they are used.

1. Containers of food in a food
establishment must be stored at least 6 inches (15 centimeters) above the floor
in a manner that protects the food from contamination and permits easy cleaning
of the storage area with the following exceptions:

(a) Metal containers for beverages which have been
pressurized and cases of food packaged in cans, glass or other waterproof
containers need not be elevated when the containers are not exposed to moisture
on the floor.

(b) Containers may be stored on dollies, racks or
pallets if such equipment is easy to move.

2. Food and containers of food must not be
stored under any exposed or unprotected sewer lines or waterlines, unless the
lines are automatic sprinklers required by law.

3. Food may not be stored in rooms with
toilets, vestibules or lockers, or in rooms containing garbage or mechanical
facilities.

4. Packaged food may not be stored in a wet
environment. However, packaged food placed in containers made of impervious
glass or metal may be stored in drained ice. Wrapped sandwiches may not be
stored in direct contact with ice.

5. Food which:

(a) Is spoiled;

(b) Is in a container that has sustained damage
which may affect it; or

(c) Has been returned to or is being detained by
the food establishment because of public health considerations,

Ê must be
segregated and held in designated areas pending proper disposition unless it is
disposed of under the supervision of the health authority. For the purposes of
this subsection, a hermetically sealed container that has sustained damage to
the seams on the top, bottom or side of the container or that has sustained
sharp or creasing dents to areas other than the seams shall be deemed a
container that has sustained damage that may affect the food contained inside
the container.

6. Food from bulk containers returned to a
retail store by a customer may not be offered for resale.

7. Containers of bulk pet food and bulk
nonfood items must be separated from food items by a barrier or open space of
not less than 12 inches (30 centimeters).

1. There must be adequate facilities for
refrigeration at a food establishment, which are conveniently located, to ensure
that potentially hazardous food can be stored at the required temperature.

2. Each refrigerated facility used to store
potentially hazardous food must have at least one integral or permanently
affixed indicating thermometer which is numerically scaled or a recording
thermometer, accurate to plus or minus 2°F (1°C), located in the warmest part
of the facility where it can be easily read.

3. Potentially hazardous food which requires
refrigeration after its preparation must be rapidly cooled to an internal
temperature of 40°F (4.44°C) or below and then stored at or below that
temperature.

4. Large quantities of potentially hazardous
food must be rapidly cooled utilizing such methods as shallow pans, dividing
the food into smaller or thinner portions, agitation, quick chilling, adding
ice as an ingredient or the circulation of water external to the container of
food so that the period of cooling from 140°F (60°C) to 70°F (21°C) does not
exceed 2 hours and from 70°F (21°C) to 40°F (4.44°C) does not exceed 4 hours.

5. Frozen food must be kept frozen and
stored at a temperature of 0°F (-18°C) or below.

6. Ice may not be used as a food product
after it has been used to cool the exterior of cooling coils, tubes of
equipment or food, including packaged foods.

7. In food establishments where meats that
are not inspected, such as wild game, are processed to the order of customers,
a minimum space of 5 feet (1.52 meters) or a physical barrier must be
maintained in all refrigerated storage areas between meats which have been
inspected and the meats that are not inspected. Any meat that is not inspected
must be marked “Not for Sale” on a tag that is attached to the meat. The tag
must also indicate the owner’s name in clear and legible writing.

1. There must be adequate facilities at a
food establishment to maintain hot food. These facilities must be conveniently
located to ensure the maintenance of food at the required temperature.

2. Each piece of equipment used for the
maintenance of potentially hazardous hot food must have at least one integral
or permanently affixed indicating thermometer which is numerically scaled or a
recording thermometer, accurate to plus or minus 2°F (1°C), located in the
coolest part of the piece of equipment where it can be easily read.

3. If it is impractical to install
thermometers on equipment such as bainmaries, steam tables, steam kettles, heat
lamps, cat-rod units or insulated carriers for transporting foods, an
accurately calibrated probe thermometer must be available and used to check the
internal temperature of the food.

4. The internal temperature of potentially
hazardous foods which require hot storage must be 140°F (60°C) or above except
during periods of preparation.

1. A food establishment may refill a
reusable beverage container which is owned by a customer with a product that is
not potentially hazardous if the refill is for that customer.

2. The design of such containers, when
considered in conjunction with the design of the rinsing component of the
equipment used to refill the container, must permit the effective cleaning of
the container.

3. A facility for cleaning such containers
which uses fresh, hot water under pressure that has not been recirculated, must
be provided as a part of the dispensing operation.

4. A system for refilling such containers,
when used by a customer, must include a transfer process which is free from
contamination and which the customer cannot bypass.

5. The Board may exempt from the
requirements of this section water vending operations.

1. Food must be prepared at a food
establishment with the least possible manual contact, using gloves designed for
a single use or suitable utensils on surfaces that have been cleaned, rinsed
and sanitized to prevent contamination before being used.

2. Surfaces which may come into contact with
food and utensils in a food establishment must be cleaned and sanitized
whenever there is a change in processing between species such as raw beef, raw
pork, raw poultry or raw seafood, or a change in processing from raw foods to
foods that are ready to eat. Salads and other foods that are ready to eat must
be prepared in separate rooms or in areas that are separated from areas used
for processing potentially hazardous raw food products by a barrier, an open
space of at least 12 inches (30 centimeters) or in another manner approved by
the health authority.

3. Potentially hazardous foods that are in a
form to be consumed without further cooking, such as salads, sandwiches and
filled pastry products, must be prepared from chilled ingredients.

4. Meats that are not inspected, such as
wild game, must be processed in such a manner as to ensure that
cross-contamination of food or surfaces which may come into contact with food
does not occur. The processing of meats that are not inspected must be
conducted in areas or at times that have been approved by the health authority.

(a) In refrigerated units at an ambient temperature
not exceeding 40°F (4.44°C);

(b) Under potable running water at a temperature of
70°F (21°C) or below, with a sufficient water velocity to agitate and float off
loose particles of food;

(c) In a microwave oven, if the food will be
immediately transferred to conventional cooking facilities as part of a
continuous cooking process or when the entire cooking process takes place
without interruptions in the microwave oven; or

(d) As part of the conventional cooking process.

2. Potentially hazardous foods which require
cooking must be cooked to heat all parts of the food to a temperature of at
least 145°F (63°C) for at least 15 seconds, with the following exceptions:

(a) Poultry, stuffing for poultry, stuffed meats
and stuffings containing meats must be cooked to heat all parts of the food to
at least 165°F (74°C) for at least 15 seconds with no interruption in the
cooking.

(b) Pork, any food containing pork, game animals,
injected meats, comminuted fish and meats, including hamburger, must be cooked
to heat all parts of the food to at least 155°F (68°C) for at least 15 seconds
or, if cooked in a microwave oven, to at least 170°F (77°C).

(c) Roast beef must be cooked to an internal
temperature of at least 130°F (55°C) or, if cooked in a microwave oven, to at
least 145°F (63°C). Beef steak must be cooked to an internal temperature of at
least 130°F (55°C), unless otherwise ordered by the immediate customer.

(d) Fishery products which are not cooked
throughout to 145°F (63°C) or above must, before their service or sale in a
form which is ready to eat, be blast frozen to -31°F (-35°C) or below for 15
hours or regularly frozen to -4°F (-20°C) or below for 168 hours (7 days).
Records which establish compliance with this paragraph must be retained by the
operator for 90 days after the service or sale of the fishery products, unless
the products were frozen by the supplier and a written statement is provided by
the supplier stipulating that the products supplied were frozen to the
temperature and for the time specified in this paragraph, in which case the
supplier’s written statement must be retained by the operator for 90 days.

3. Potentially hazardous foods which have
been prepared to be ready to eat and then refrigerated for more than 24 hours
must be marked with the date of preparation. These foods must not be used for
human consumption if not sold, served or frozen within 10 calendar days after
preparation.

4. Potentially hazardous foods which have
been prepared by another food establishment or food processing plant to be
ready to eat and packaged in a container for refrigeration must be marked by
the manufacturer to indicate the date by which the food must be sold, served or
frozen. These foods must be discarded if not sold, served or frozen:

(a) Within 10 calendar days after the original
container is opened; or

(b) On or before the date by which the food must be
sold or used, as indicated on the container,

Ê whichever
occurs first.

5. Potentially hazardous foods that have
been cooked and refrigerated must be reheated rapidly so that the food reaches
a temperature of 165°F (74°C) or above throughout the entire product for at
least 15 seconds before being served or placed in a facility for maintaining
hot food. Steam tables, bainmaries, warmers, crockpots and similar facilities
for holding hot foods may not be used for the rapid reheating of potentially
hazardous foods.

6. Metal indicating thermometers which are
numerically scaled and accurate to plus or minus 2°F (1°C) must be used to
ensure the attainment and maintenance of proper internal temperatures for
cooking, holding or refrigerating all potentially hazardous foods. At least one
such thermometer must be available for use by employees at all times. The
thermometers must be washed, rinsed and sanitized before insertion into a food.

(b) Identifies the food that is packaged in
packaging with a modified atmosphere;

(c) Limits the food packaged in packaging with a
modified atmosphere to food that does not support the growth of Clostridium
botulinum because the food:

(1) Has a value of water activity of 0.91 or
less;

(2) Has a pH of 4.6 or less;

(3) Is a product made from meat that was:

(I) Processed in a processing plant that
is regulated by the United States Department of Agriculture;

(II) Cured with a combination of
nitrites, nitrates and salt which had a concentration of sodium nitrite that is
120 mg/l or higher and a combination of brine that was at least 3.5 percent
sodium chloride; and

(III) Received by the food establishment
in an intact package; or

(4) Is a food with a high level of competing
organisms, such as raw meat or raw poultry;

(d) Specifies methods for maintaining food that is
packaged in packaging with a modified atmosphere at 40°F (4.44°C) or below;

(e) Requires packaging with a modified atmosphere
to display prominently and conspicuously on the principal display panel, in
bold type with a contrasting background, instructions to:

(1) Maintain the food packaged therein at 40°F
(4.44°C) or below; and

(2) Discard the food packaged therein if,
within 14 days after its packaging, it is not frozen or served for consumption
on or off the premises of the recipient;

(f) Prohibits food that is packaged in packaging
with a modified atmosphere to be held for more than 14 calendar days after the
date of packaging or beyond the manufacturer’s date by which the food must be
used or sold, whichever comes first, unless the product is frozen for storage
within that period;

(g) Includes operational procedures that:

(1) Prohibit bare hands from coming into
contact with food that is packaged in packaging with a modified atmosphere;

(2) Identify designated areas for raw foods
and foods that are ready to eat and minimize the possibility of
cross-contamination between those foods;

(3) Restrict access to processing equipment to
trained personnel who are familiar with the potential hazards of the operation;
and

(4) Delineate cleaning and sanitization
procedures for surfaces which may come into contact with food; and

(h) Include a training program that ensures that
the person responsible for packaging food in packaging with a modified
atmosphere understands the:

(1) Procedures required for the safe operation
of the packaging; and

(2) Equipment and facilities used in the
packaging process.

2. A food establishment may not package fish
in packaging with a modified atmosphere unless the fish is frozen before
packaging and will remain frozen during and after packaging.

1. Food in a salad bar, serving line or
other kind of display must be protected against contamination by customers or
the environment through the operator’s use of protective devices, such as glass
shields, easily cleanable counters, packaging, display cases or other effective
means.

2. Bulk food in retail stores must be
dispensed only from containers that are protected by individual covers which
fit closely and close automatically. Access by customers to bulk food must be
controlled to avoid the introduction of contaminants. Means considered suitable
include:

(a) Providing a product module depth of not more
than 18 inches (45 centimeters);

(b) Locating product modules with access from the top
so that there is at least 30 inches (75 centimeters) between the access point
and the floor; or

(c) If the product module access point is less than
30 inches (75 centimeters) off the floor, providing access from the side or at
an angle if, when the product module is open, the cover extends across the
surface of the product and provides overhead protection.

3. Food that may have been contaminated by
an employee who has been restricted from performing certain tasks in a food
establishment or excluded from the food establishment must be discarded.

1. Except as otherwise provided in NAC 446.157, potentially hazardous food must be kept
at an internal temperature of 40°F (4.44°C) or below or at 140°F (60°C) or
above while being displayed or served, except that rare roast beef may be held
for service at a temperature of at least 130°F (55°C).

2. Adequate facilities for maintaining or
displaying potentially hazardous hot or cold food must be available to maintain
the required temperature of the potentially hazardous food.

3. Foods intended for sale in a frozen state
must be displayed at an ambient temperature of 0°F (-18°C) or below, except for
defrost cycles and brief periods of loading or unloading. Frozen foods must be
displayed below or behind product food lines according to the specifications of
the cabinet manufacturer.

4. Except as otherwise provided in this
subsection, exposed raw food of animal origin may not be offered in a manner in
which a customer is allowed to serve himself or herself. Raw food of animal
origin may be offered for immediate consumption as a raw food at a buffet or salad
bar if the raw food is first prepared for consumption by an employee of the
food establishment. Raw food of animal origin may be offered for immediate
consumption as a cooked food if a customer selects the raw food and other
ingredients and an employee of the food establishment cooks and prepares all
the ingredients.

5. If raw or undercooked food of animal
origin is offered ready to eat at a food establishment or in a vending machine,
or as an ingredient in another food that is ready to eat, the holder of the
permit to operate the food establishment must give written notice to customers
of the significantly increased risk associated with eating such foods in a raw
or undercooked form on a brochure, delicatessen case, menu or placard or in
another location that is readily visible to customers.

1. Potentially hazardous food may be kept at
an internal temperature above 40°F (4.44°C) or below 140°F (60°C) if held for
no longer than the time limitations set forth in this subsection. While being
stored before cooking or while being served or displayed for immediate service,
potentially hazardous food may be kept at an internal temperature above 40°F
(4.44°C) or below 140°F (60°C) if:

(a) The food is cooked or served within 4 hours
after the time its temperature exceeds 40°F (4.44°C) or goes below 140°F
(60°C);

(b) The food is marked or otherwise identified with
the hour of the day by which it must be cooked, served or discarded; and

(c) The holder of the permit for the operation of
the food establishment creates and maintains, on the premises and available for
review by the health authority, written procedures ensuring compliance with
paragraphs (a) and (b).

2. Potentially hazardous food that has been
refrigerated since receipt by the food establishment may be kept at an internal
temperature above 40°F (4.44°C) or below 45°F (7.2°C) while being stored before
cooking or while being displayed for immediate service if:

(a) The food is cooked or served within 72 hours
after the time its temperature exceeds 40°F (4.44°C) or goes below 45°F
(7.2°C);

(b) The food is marked or otherwise identified with
the hour of the day by which it must be cooked, served or discarded;

(c) The food is constantly refrigerated; and

(d) The holder of the permit for the operation of
the food establishment creates and maintains, on the premises and available for
review by the health authority, written procedures ensuring compliance with
paragraphs (a), (b) and (c).

3. Any potentially hazardous food kept
pursuant to subsection 1 or 2:

(a) In a container or package which does not have
the hour by which it must be cooked, served or discarded marked on it; or

1. Milk and products made from milk for
drinking must be served in an unopened package which was commercially filled
and does not exceed 1 pint (473 milliliters) in capacity, or must be drawn from
a container which was commercially filled and stored in a dispenser which is
mechanically refrigerated. If a dispenser for milk and products made from milk
is not available and portions of less than 1/2 pint (236 milliliters) are
required for mixed drinks, cereal or desserts, milk and products made from milk
may be poured from a container which was commercially filled and not larger
than 1/2 gallon (1,893 milliliters) in capacity.

2. Cream, half-and-half and nondairy
creamers must be served in a container intended for a single use, a protected
pitcher that pours, or drawn from a refrigerated dispenser designed for such
service.

1. Condiments, seasonings and dressings for
customers who serve themselves must be provided in single packages, from
approved dispensers, or from containers which are protected from contamination
by customers.

2. Condiments provided at a table or counter
must be individually portioned, except that catsup and other sauces, if in
dispenser type containers, may be served in the original containers or in other
approved dispensers that pour.

3. Sugar must be provided in single packages
or in covered dispensers that pour.

1. Ice for customers must be dispensed only
by employees using scoops, tongs or other utensils that have been approved by
the health authority or by automatic equipment. Ice offered for sale must be
packaged and labeled properly.

2. Utensils used for dispensing ice must be
stored on a clean surface and in a manner that has been approved by the health
authority or in the ice with the handles of the utensils extended out of the
ice. Receptacles used to transfer ice must be stored so that they are protected
from contamination when not in use.

3. Bins used for the storage of ice must be
drained through an air gap.

4. Ice that has been packaged for sale at
the establishment must be prepared in accordance with the provisions of NAC 446.050 to 446.210,
inclusive.

5. Only those items necessary for
dispensing, packaging or transporting ice may be stored on top of an ice
machine.

1. Suitable dispensing utensils, adequate in
number, must be used by employees when serving food or provided to customers
who serve themselves.

2. When not being used to serve food,
dispensing utensils must be:

(a) Stored in the food with the handle of the
utensil extended out of the food;

(b) Clean and dry when stored;

(c) Stored in running water; or

(d) Stored in a dipper well of running water.

3. If bulk food sold at retail is dispensed
by customers who serve themselves, manual contact of foods by the customer
during dispensing must be avoided. Some methods considered suitable include:

(a) The use of mechanical dispensing devices,
including gravity dispensers, pumps, extruders and augers.

(b) The use of wrapping or sacking.

(c) The use of a tether for the utensil. Such a
tether must be:

(1) Constructed of easily cleanable material;

(2) Of such a length that the utensil cannot
contact the floor;

(3) Designed to prevent interference with
covers which fit closely; and

(4) Easily removable for cleaning.

(d) Storage of the utensil in a sleeve or
protective housing attached or adjacent to the display unit when not in use, or
by utilizing a utensil designed so that the handle cannot contact the product
if left in the product module.

4. If ladles and spatulas are used in other
than dry foods, they must be stored in the food with handles extending to the
outside and the handles must not prevent the lid from closing.

1. Except as otherwise provided in
subsection 4, soiled tableware, including tableware intended for a single use,
which has been used by customers who are serving themselves and returning to
the serving areas for additional food, may not be used again.

2. A sign must be posted to notify customers
to use a clean plate each time they serve themselves. The sign must also state
that no smoking or eating is allowed while serving food and that customers must
use only the utensils provided for handling food.

3. Tableware may be preset if:

(a) It is wrapped to protect it from contamination
or is preset no sooner than one meal period before it is used; and

(b) Extra settings of preset tableware are removed
from the table when the customers are seated.

NAC 446.190Service of food: Leftover food. (NRS 439.150, 439.200, 446.940)Portions of a customer’s
leftover food may not be served again, except that packaged food, other than
potentially hazardous food, that is still packaged and is in sound condition
may be served again. Fruit with the exterior surface intact may be served
again.

1. During transportation, food and utensils
used with food must be kept in covered containers or completely wrapped or
packaged. The provisions of this subsection do not apply to hanging parts of
carcasses, quarters, sides of meat, or raw fruits and vegetables.

2. Foods in original single packages do not
need to be wrapped again or covered if the original package has not been torn
or broken.

3. During transportation, including
transportation to another location for service or catering operations, food
must meet the requirements of this chapter relating to its protection,
temperature and storage.

1. The responsibility for assuring that the
employees of a food establishment comply with the provisions of this chapter
must be clearly assigned to the person in charge of the establishment.

2. The person in charge must be the holder
of the permit for the operation of the establishment or a person designated by
the holder of the permit to be in charge. The holder of the permit shall ensure
that a person in charge is present at the food establishment during all hours
of operation.

3. The person in charge of a food
establishment must be able to demonstrate a knowledge of and apply the
provisions of this chapter regulating the protection and sanitation of food,
including, but not limited to, a knowledge of:

(a) The proper sources of food;

(b) Safe temperatures and time relationships for
potentially hazardous food;

(c) The elements of good personal hygiene;

(d) Approved procedures for washing equipment and
utensils;

(e) The storage and use of toxic items; and

(f) The control of insects, rodents and other
animals.

4. A food establishment in which customers
serve themselves must be supervised by persons who are trained in procedures
for correcting any unsanitary conditions created by the customers.

(Added to NAC by Bd. of Health, eff. 10-14-88; A 5-23-96)

NAC 446.199Restriction on employment of or contracting with person to
provide medical nutrition therapy or nutrition services. (NRS 439.150,
439.200, 446.940)The holder of a permit
issued pursuant to NRS 446.875
shall not employ or contract with a person to provide medical nutrition therapy
or nutrition services unless the person is licensed pursuant to chapter 640E of NRS or exempt from such
licensure.

1. Employees of food establishments must
thoroughly wash their hands and the exposed portions of their arms with soap
and warm water before starting work, during work, after using tobacco, eating,
drinking or using the toilet, before and after handling raw meat, raw poultry
or raw seafood, before handling clean tableware and after handling soiled
tableware, including ashtrays, after caring for or handling support animals,
after coughing, sneezing or using a handkerchief or disposable tissue, or as
often as is necessary to keep them clean.

2. Employees must keep their fingernails
clean and trimmed.

3. When washing their hands, employees must
use a nailbrush to clean their fingertips, under their fingernails and between
their fingers.

4. A supply of nailbrushes intended for a
single use must be available at each sink that is used by food handlers for
washing hands. One nailbrush intended to be used more than once may be supplied
instead of nailbrushes intended for a single use if it is stored in a
sanitizing solution of 50 parts per million (ppm) of chlorine or another
sanitizer that has been approved by the health authority.

5. An employee of a food establishment must
not use a pair of gloves intended for a single use for more than one purpose
and must discard the gloves after they are damaged or soiled or after the
process of preparing food has been interrupted.

2. Except as otherwise provided in this
subsection, employees shall restrain their hair to prevent the contamination of
food or surfaces that may come into contact with food. Restraints may include
nets, caps, hats and hair spray. The health authority may exempt from the
provisions of this subsection and subsection 4 employees who serve only
beverages and wrapped or packaged foods and hostesses, waiters and waitresses,
if the health authority determines that their duties involve minimal risk of
contamination to food, equipment, tableware, items intended for a single use
and linens.

3. All food handlers shall maintain their
hair in a neat and clean condition.

4. All food handlers must wear a hair net if
their hair is longer than the collar. Hair which is shorter than the collar may
be restrained by any effective means.

5. Sideburns, beards and mustaches must be
cropped closely and well-groomed.

1. Except as otherwise provided in
subsection 2, employees may consume food only in areas designated for that
purpose. Food may not be consumed in an area where the contamination of other
food, equipment, utensils or other items needing protection may occur.

2. A food handler may consume, in all areas
of a food establishment, a beverage from a container that has a lid and a
permanent straw, if the straw has no cap on it and if the container is handled
to prevent the contamination of:

(a) The employee’s hands;

(b) The container;

(c) Any exposed food;

(d) Clean equipment;

(e) Utensils;

(f) Linens; and

(g) Unwrapped articles intended to be disposed of
by the customer after a single use.

3. Employees may not use tobacco in any form
while preparing or serving food or in areas used for washing equipment or
utensils or for preparing food.

4. Employees may use tobacco only in areas
designated for that purpose. Tobacco may not be used in an area where the
contamination of food, equipment, utensils or other items needing protection
may occur.

5. Employees shall handle soiled tableware,
including ashtrays, in a way that minimizes the contamination of their hands.
An employee assigned to remove soiled tableware shall not set clean tableware
if the employee’s hands become contaminated unless he or she first washes his
or her hands.

6. Employees shall maintain a high degree of
personal cleanliness and conform to good hygienic practices while working in
the food establishment.

7. Employees may not wear jewelry on their
hands or arms while preparing food, except that a plain band with no stone or
object attached to it may be worn on a finger.

1. The holder of a permit for the operation
of a food establishment shall require each food handler and each applicant to
become a food handler to report verbally to the holder of the permit
information about his or her health and activities as they relate to diseases
that may be transmitted through food.

2. A person in charge shall prohibit the
physical presence of a food handler in the food establishment if the food
handler:

(a) Is diagnosed as carrying any of the following
infectious agents:

(1) Salmonella typhi;

(2) Shigella spp.;

(3) Escherichia coli 0157:H7; or

(4) Hepatitis A virus infection;

(b) Has a symptom that is associated with acute
gastrointestinal illness, such as abdominal cramps, diarrhea, fever, loss of
appetite for 3 or more consecutive days, vomiting or jaundice; or

(c) Has a pustular lesion on any exposed part of
his or her body, including, without limitation, a boil or an open or draining
infected wound, unless the lesion is covered by a dry, durable bandage that
fits tightly.

1. The health authority shall allow a food
handler who was infected with Salmonella typhi to return to work in a
food establishment if three consecutive cultures developed from stool specimens
of the food handler test negative for Salmonella typhi and if each stool
specimen was obtained:

(a) Not earlier than 1 month after the onset of the
infection;

(b) At least 48 hours after the food handler
stopped taking antibiotics; and

(c) At least 24 hours after the previous specimen,
if any, was obtained.

2. If one of the cultures obtained pursuant
to this section tests positive, the next culture may be obtained not sooner
than 1 month after the positive culture was obtained.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.213Return to work of food handler infected with Shigella spp.
or Escherichia coli 0157:H7. (NRS 439.150, 439.200, 446.935, 446.940)The health authority shall
allow a food handler who was infected with Shigella spp. or Escherichia
coli 0157:H7 to return to work in a food establishment if two consecutive
cultures developed from stool specimens of the food handler test negative for Shigella
spp. or Escherichia coli 0157:H7 and if each stool specimen was
obtained:

1. At least 48 hours after the food handler
stopped taking antibiotics; and

2. At least 24 hours after the previous
specimen, if any, was obtained.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.214Return to work of food handler infected with hepatitis A virus. (NRS 439.150,
439.200, 446.935, 446.940)The health authority shall
allow a food handler who was infected with hepatitis A virus to return to work
in a food establishment if:

1. Equipment and utensils designed for
multiple use must be constructed and repaired with safe materials and must be
resistant to corrosion, nonabsorbent, smooth, easy to clean and durable under
conditions of normal use.

2. Articles designed for a single use must
be made from materials which are clean, sanitary and safe.

3. Equipment, utensils and articles designed
for a single use must not impart any odor, color or taste, or contribute to the
contamination of food.

4. If solder is used, it must be nontoxic,
free of cadmium, lead, antimony and bismuth and resistant to corrosion.

5. Hard maple or materials which are
equivalently nonabsorbent, nontoxic, smooth and free of cracks, crevices or
open seams may be used for cutting blocks, cutting boards, salad bowls, bakers’
tables and wooden paddles used in confectionary operations for pressure
scraping kettles when confections are manually prepared at a process
temperature of 230°F (110°C) or above.

6. Wood may be used for articles designed
for a single use, such as chop sticks, stirrers or spoons for ice cream.

7. Except as otherwise provided in
subsections 5 and 6, surfaces which come into contact with food may not be made
of wood.

8. Materials such as plastic or rubber that
resist scratching, scoring, decomposition, crazing, chipping and distortion
under normal use and are of a sufficient weight and thickness to permit
cleaning and sanitizing by normal methods, may be used repeatedly as long as
they remain smooth, nonabsorbent and easy to clean.

1. All shelves located in refrigerators and
freezers must be made of metal or plastic with surfaces which can be easily
cleaned and must be completely portable or, for a walk-in refrigerator or
freezer, have wheels attached. These shelves may not be covered with aluminum
foil, metal sheets or any other material that prevents the circulation of air
within a refrigerator or freezer.

2. Shelves located in areas for dry storage
may be made of wood which has been rendered nonabsorbent by a paint or sealant
that:

(a) Is of a light color;

(b) Can be cleaned repeatedly; and

(c) Has been approved by the health authority.

3. Shelves that are located in an area where
food is prepared or an area where utensils are washed must be made of metal or
plastic and have surfaces that can be cleaned easily and are resistant to
corrosion.

NAC 446.230Equipment and utensils required to be durable. (NRS 439.150,
439.200, 446.940)All equipment and
utensils, including equipment and utensils made of plastic, must be durable
under normal use and must resist denting, buckling, pitting, chipping and
crazing.

1. Surfaces which may come into contact with
food must be easily cleanable, smooth and free of breaks, open seams, cracks,
chips, pits and similar imperfections. These surfaces must be free of internal
corners and crevices which are difficult to clean.

2. Copper and copper alloys, such as brass,
may not be used in contact with a food that has a pH below 7.0, such as
vinegar, fruit juice or wine, or for a fitting or tubing installed between a
carbonator and a device to prevent backflow.

3. Galvanized metal may not be used for
utensils or surfaces which may come into contact with food that are on
equipment used for beverages, moist food or hygroscopic food.

4. Except as otherwise provided in this
subsection, linens and napkins may not be used in contact with food. Linens and
napkins may be used to line containers used for the service of food if the
linens or napkins are replaced each time the container is refilled.

5. Cloth gloves and gloves made of a
material that is resistant to cuts may be used in direct contact with food that
is subsequently cooked, such as frozen food or a primal cut of meat.

6. Pewter may not be used as a surface which
may come into contact with food.

7. Cast iron may be used as a surface which
may come into contact with food only if the food is nonacidic and the surface
is heated.

8. Unless designed for cleaning in place,
surfaces which come into contact with food must be accessible for cleaning and
inspection:

(a) Without being disassembled;

(b) By disassembling without the use of tools; or

(c) By easy disassembling with the use of only
simple tools such as a mallet, screwdriver or open-ended wrench. Such tools
must be kept clean and maintained near the equipment and must be stored in such
a manner that they do not contaminate food or surfaces which may come into
contact with food.

9. Product modules, lids, dispensing units
and utensils must be designed and fabricated to comply with this section.

10. Cold plates or other devices that are
used to chill liquids must be built into a bin used for the storage of ice.

1. Surfaces of equipment not intended for
contact with food, but which are exposed to splashed liquids or debris or which
otherwise require frequent cleaning, must be smooth, washable, free of
unnecessary ledges, projections or crevices and readily accessible for
cleaning. The surfaces must be of such material and in such repair as to be
easily maintained in a clean and sanitary condition.

2. Tethers for utensils used for bulk food
must be designed to be easily removable from the product module for cleaning.

2. Ordinary “V” type threads are prohibited
on surfaces which may come in contact with food, except that in equipment such
as ice makers, cooking equipment using hot oil or filtering systems for hot
oil, such threads may be used but must be minimized.

1. Equipment with bearings and gears that
require unsafe lubricants must be designed and constructed so that the
lubricant cannot leak, drip or be forced into food or onto surfaces which may
come into contact with food.

2. Safe lubricants must be used on all other
equipment with bearings and gears which require lubrication or on surfaces that
may come into contact with food.

NAC 446.255Tubes for beverages. (NRS 439.150, 439.200, 446.940)Tubes which convey
beverages or ingredients for beverages to the head of a dispenser may not touch
stored ice that is intended for use as food.

1. Equipment intended for cleaning in place
must be designed and fabricated so that:

(a) Solutions for cleaning and sanitizing can be
circulated through a fixed system using an effective cleaning and sanitizing
regimen;

(b) Solutions for cleaning and sanitizing will
contact all interior surfaces which come in contact with food; and

(c) The system drains automatically or can be
completely evacuated.

2. Equipment which is fixed in place and
which must be cleaned and sanitized by using a pressure spray must have
electrical wiring, switches and connections which are sealed.

3. Equipment which is fixed in place and not
designed to be disassembled for cleaning must be designed with points that
allow access to ensure that all interior surfaces which may come into contact
with food are being cleaned effectively.

NAC 446.275Requirements for installation and maintenance of equipment
installed before and after certain dates. (NRS 439.150, 439.200, 446.940)

1. Equipment that was installed in a food
establishment before October 14, 1988, and does not meet all of the
requirements of NAC 446.230 to 446.275, inclusive, may be acceptable in that
establishment if it is in good repair, capable of being maintained in a
sanitary condition and the surfaces which may come into contact with food are
not toxic.

2. All new and replacement equipment
installed after August 12, 1992, and before May 23, 1996, must:

(a) Comply with all applicable standards of the NSF
International in effect as of January 31, 1988; or

(b) In the absence of any applicable standard, be approved
by the health authority.

3. All new and replacement equipment
installed after May 23, 1996, must:

(a) Comply with all applicable standards of the NSF
International in effect as of May 23, 1996; or

(b) In the absence of any applicable standard, be
approved by the health authority.

4. A copy of the standards of the NSF
International may be purchased from the NSF International, P.O. Box 130140, Ann
Arbor, Michigan 48113-0140, at the following prices:

1. Equipment mounted on a table or counter,
unless portable, must be sealed to the table or counter or elevated on legs
with a clearance of at least 4 inches (10 centimeters) between the table or
counter and the equipment. The equipment must be installed to facilitate the
cleaning of the equipment and adjacent areas.

2. For the purposes of this section,
equipment is portable if:

(a) It weighs 30 pounds (14 kilograms) or less and
is mounted on casters, gliders or rollers, or is equipped with a mechanical
system that requires no more than 30 pounds (14 kilograms) of force to safely
tilt it; and

(b) It has no utility connection, has a utility
connection that disconnects quickly or has a flexible utility connection of
sufficient length to permit the equipment to be moved for easy cleaning.

1. Equipment which is mounted on the floor,
unless it can be moved easily, must be:

(a) Sealed to the floor;

(b) Installed on a raised platform of concrete or
other smooth masonry in a way that meets all the requirements for sealing and
clearance; or

(c) Elevated on legs with a clearance of at least 6
inches (15 centimeters) between the floor and the equipment, except that mixers
which are vertically mounted may be elevated to allow a clearance of at least 4
inches (10 centimeters) between the floor and the mixer if no part of the floor
under the mixer is more than 6 inches (15 centimeters) from access for
cleaning.

2. Equipment mounted on the floor is
considered to be easy to move if:

(a) It is mounted on wheels or casters; and

(b) It has no utility connection, has a utility
connection that disconnects quickly or has a flexible utility line of
sufficient length to permit the equipment to be moved for easy cleaning.

1. Unless sufficient space is provided for
easy cleaning between, behind and above each unit of equipment which is fixed
in place, the space between it and adjoining equipment and adjacent walls or
the ceiling must not be more than one thirty-second of an inch. If exposed to
seepage, the equipment must be sealed to the adjoining equipment or adjacent
walls or ceilings.

2. Aisles and working spaces between
equipment and walls must be unobstructed and of sufficient width to permit
employees to perform their duties without contaminating the food or surfaces
which come in contact with food. All storage equipment which can be moved
easily, such as pallets, racks and dollies, must be positioned to provide
accessibility to working areas.

2. Kitchenware and surfaces which come in
contact with food must be washed, rinsed and sanitized:

(a) After each use;

(b) Following any interruption of operations during
which contamination may have occurred; and

(c) If contamination is observed or suspected.

3. Utensils and tethers for utensils used by
customers in retail stores must be cleaned and sanitized at least daily or at
more frequent intervals as required for the type of food or because of the
accumulation of food particles.

4. Product modules, lids and other equipment
must be cleaned:

(a) Before they are restocked;

(b) If they are soiled; or

(c) At periodic intervals, depending upon the type
of food and the accumulation of food particles.

NAC 446.305Equipment and utensils used to prepare potentially hazardous foods.
(NRS
439.150, 439.200, 446.940)Where equipment and utensils
are used for preparing potentially hazardous foods on a continuous basis or in
a production line, the utensils and the surfaces of the equipment which come in
contact with food must be washed, rinsed and sanitized at intervals throughout
the day according to a schedule based on the temperature of the food, the type
of food and the amount of accumulated particles of food.

1. The surfaces of grills, griddles and
similar cooking devices and the cavities and seals around the doors of
microwave ovens which come in contact with food must be cleaned at least once a
day. This requirement does not apply to hot oil cooking equipment and hot oil
filtering systems.

2. The surfaces of all cooking equipment
coming in contact with food must be kept free of encrusted deposits of grease
and other accumulated soil.

NAC 446.315Cleaning of equipment which does not contact food. (NRS 439.150,
439.200, 446.940)Surfaces of equipment
which do not come in contact with food must be cleaned as often as necessary to
keep the equipment free of accumulated dust, dirt, particles of food and other
debris.

NAC 446.318Maintenance and cleaning of fogger for produce. (NRS 439.150,
439.200, 446.940)The holder of a permit for
the operation of a food establishment shall ensure that the reservoir that is
used to supply water to a fogger for produce is maintained and cleaned
according to the manufacturer’s specifications or at least once a week
according to all the following specifications:

1. The parts that contact water or aerosol,
or both, must be completely disassembled and drained.

2. The reservoir, aerosol tubing and
discharge nozzles must be cleaned with a brush and a solution of hot water and
detergent.

3. The complete system must be flushed with
water to remove the solution of hot water and detergent and any accumulation of
particles.

4. The reservoir, aerosol tubing and
discharge nozzles must be rinsed by immersing those parts in, or spraying or
swabbing those parts with, a solution containing at least 50 parts per million
(ppm) of hypochlorite.

1. Cloths to be used by cooks for wiping up
food spilled on tableware, such as a plate or bowl containing food for a
customer, must be clean, dry and used for no other purpose.

2. Moist cloths used for wiping up food
spilled on kitchenware and surfaces of equipment which come in contact with
food and for cleaning surfaces of equipment which do not come in contact with
food, such as counters, serving trays, tops of dining tables and shelves, must
be clean and rinsed frequently in a sanitizing solution as specified in
subsection 4 of NAC 446.330. Such cloths must be
used for no other purpose and must be stored in the sanitizing solution between
uses.

1. For the manual washing, rinsing and
sanitizing of utensils and equipment, a sink having at least three compartments
and two integral drain boards of similar material that are each self-draining
and of adequate size for the proper handling of soiled utensils and equipment
before cleaning and for cleaned utensils following sanitizing must be used. The
compartments of the sink must be large enough to accommodate the equipment and
utensils, and all junctures within the compartments must be coved for easy
cleaning. Each compartment must be supplied with hot and cold potable running
water.

2. Fixed equipment and utensils which are
too large to be cleaned in a sink must be washed manually or cleaned by using a
pressurized spray. When a pressurized spray is used, the equipment must be
disassembled as necessary to allow access of the pressurized spray to all parts
and surfaces which must be cleaned.

3. Equipment and utensils must be preflushed
or prescraped and, if necessary, presoaked to remove gross particles of food
and other soil.

NAC 446.330Sequence of manual washing. (NRS 439.150, 439.200, 446.940)Except for equipment which
is fixed in place and utensils too large to be cleaned in a sink, manual
washing, rinsing and sanitizing must be conducted in the following sequence:

1. Sinks must be cleaned before use.

2. Equipment and utensils must be thoroughly
washed in the first compartment with a detergent solution at a temperature of
110°F (43°C) or more that is changed frequently.

3. Equipment and utensils must be rinsed
free of detergent and abrasives with clean water in the second compartment.

4. Equipment and utensils must be sanitized
in the third compartment according to one of the following methods:

(a) Immersion for at least 1/2 minute in clean hot
water at a temperature of at least 170°F (77°C).

(b) Immersion for at least 1 minute in a clean
solution containing at least 50 parts per million (ppm) of available chlorine
as a hypochlorite, at a temperature of at least 75°F (24°C). Equipment and
utensils must be in contact with a chlorine solution at least 10 seconds if one
of the following combinations of pH, water temperature and concentration of
free available chlorine is used:

Minimum
Temperature

Concentration

F.
(C.)

pH
8.0 or less

pH
8.1-10.0

120°
(48.9°)

25
ppm

25 ppm

100°
(39.4°)

50

50

75°
(23.9°)

50

100

55°
(12.8°)

100

100

(c) Immersion for at least 1 minute in a clean
solution containing at least 12.5 parts per million (ppm) of available iodine
and having a pH not higher than 5.0, at a temperature of at least 75°F (24°C).

(d) Immersion of 1 minute in a clean solution
containing any other agent used for sanitizing which is approved by the health
authority and provides the equivalent bactericidal effect of a solution
containing at least 50 parts per million (ppm) of available chlorine as a
hypochlorite, at a temperature of at least 75°F (24°C). For example, quaternary
ammonium compounds must be at the concentration which is indicated by the
manufacturer’s instructions on the label. However, these compounds must be used
only in water with 500 parts per million (ppm) hardness or less.

(e) Treatment with steam which is free from
materials or additives other than those approved by the health authority for
equipment which is too large to sanitize by immersion, but in which steam can
be confined.

(f) Rinsing, spraying or swabbing with a sanitizing
solution of at least twice the strength required for that particular sanitizing
solution as listed in this section for equipment which is too large to sanitize
by immersion, and then rinsing, spraying or swabbing with clean water.

1. Cleaning and sanitizing may be done by
dishwashing machines which spray or immerse the dishes or by any other type of
machine or device if the machine or device thoroughly cleans and sanitizes the
equipment and utensils. These machines and devices must be properly installed
and maintained in good repair.

2. Machines and devices must be operated in
accordance with the manufacturer’s instructions.

3. Utensils and equipment placed in the
machine or device must be exposed to all dishwashing cycles.

5. The pressure of the water used for the
final rinse in dishwashing machines may not be less than 15 nor more than 25
pounds per square inch, measured in the waterline immediately adjacent to the
valve that controls the final rinse. A 1/4-inch (6.35 millimeters) internal
pipe size valve and pressure gauge mounted in the valve must be used
immediately upstream from the valve that controls the final rinse to permit a
check of the pressure of the flow of the water. The pressure gauge must have an
accuracy of plus or minus 2 pounds per square inch in the 15 to 25 pounds per
square inch use range. The provisions of this subsection do not apply to pumped
or recirculated rinse.

6. An indicating thermometer which is
numerically scaled, mounted in the machine or at the waterline and accurate to
plus or minus 2°F (1°C) must be used to indicate the temperature of the water
in each tank of the machine and the temperature of the water used for the final
rinse as it enters the manifold.

7. Tanks for water used to rinse the dishes
must be protected by baffles, curtains or other effective means to minimize the
entry of the water used to wash the dishes. Conveyors in dishwashing machines
must be accurately timed to ensure proper exposure in all cycles in accordance
with the manufacturer’s specifications.

8. Integral drain boards of an adequate size
that are self-draining must be used for the proper handling of soiled utensils
before washing and of clean utensils following sanitization and must be located
and constructed so that they do not interfere with the proper use of the
dishwashing facilities.

9. Equipment and utensils must be flushed or
scraped and, if necessary, soaked to remove gross particles of food and other
soil before being washed in a dishwashing machine unless the machine has a
prewash cycle. Equipment and utensils must be placed in racks, trays, baskets
or on conveyors so that surfaces coming in contact with food are exposed to the
unobstructed application of detergent and clean water.

10. Equipment and utensils must drain
freely.

11. Dishwashing machines and devices must
have an easily accessible and readable plate that is affixed to the machine by
the manufacturer and indicates the machine’s design and operating
specifications. All dishwashing machines must conform to the manufacturer’s
specifications.

NAC 446.355Dishwashing machines: Use of hot water. (NRS 439.150,
439.200, 446.940)Dishwashing machines using
hot water for sanitizing may be used if the water used for washing and the
water used for rinsing is kept clean and is maintained at not less than the
following temperatures:

1. Machines
with a single tank, stationary rack and a dual washing temperature:

Temperature for
washing....................................................................

150°F
(66°C)

Temperature for
final rinse.................................................................

180°F
(82°C)

2. Machines
with a single tank, stationary rack and a single washing temperature:

Temperature for
washing....................................................................

165°F
(74°C)

Temperature for
final rinse.................................................................

165°F
(74°C)

3. Machines
with a single tank and a conveyor:

Temperature for
washing....................................................................

160°F
(71°C)

Temperature for
final rinse.................................................................

180°F
(82°C)

4. Machines
with multiple tanks and a conveyor:

Temperature for
washing....................................................................

NAC 446.360Dishwashing machines: Cleaning of machines. (NRS 439.150,
439.200, 446.940)All dishwashing machines,
including food screens, spray arms and flaps, must be cleaned thoroughly at the
end of each 8-hour shift or when necessary to maintain them in a satisfactory
operating condition.

1. Cleaned and sanitized utensils and
equipment must be stored at least 6 inches (15 centimeters) above the floor in
a clean, dry location in a way that protects them from contamination. The
surfaces of fixed equipment which may come into contact with food must also be
protected from contamination. Equipment and utensils must not be placed under
exposed sewer lines or waterlines, unless the lines are automatic sprinklers
required by law.

2. Glasses and cups must be stored inverted
on a nonabsorbent, cleanable surface. Other stored utensils must be covered or
inverted, wherever practical.

3. Facilities for the storage of knives,
forks and spoons must be designed and used to present the handle of the
utensils to the employee or the customer. Unless tableware is prewrapped,
holders for knives, forks and spoons at locations where customers serve
themselves must protect these articles from contamination and present the
handle of the utensil to the customer.

1. Articles designed for a single use must
be handled and dispensed in a manner that prevents the contamination of
surfaces which may come into contact with food or with the mouth of the user.

2. Knives, forks and spoons packaged in bulk
and designed for a single use must be inserted into holders or be wrapped by an
employee who has washed his or her hands immediately before sorting or wrapping
the utensils. Unless knives, forks and spoons designed for a single use are
prewrapped or prepackaged, holders must be provided which protect these items
from contamination and present the handle of the utensil to the customer.

3. The storage of equipment, utensils or
articles designed for a single use in rooms with toilets or their vestibules or
in rooms containing garbage or mechanical fixtures is prohibited.

4. Articles designed for single use must be
stored at least 6 inches (15 centimeters) above the floor in closed cartons or
containers which protect them from contamination. They may not be placed or
stored under exposed sewer lines or waterlines, unless the lines are automatic
sprinklers required by law.

NAC 446.390Articles for single use required when cleaning facilities not
available. (NRS 439.150, 439.200, 446.940)If adequate and effective
facilities for cleaning and sanitizing utensils are not available, only
articles designed for a single use may be used.

1. Potable water of a sufficient amount to
meet the demands of a food establishment must be provided from a source that is
approved by the health authority and licensed by the Division.

2. A food establishment that was issued a
permit pursuant to the provisions of NRS
446.875 before September 16, 1992, may provide water which is not piped
directly if all potable water which is not piped directly to the food
establishment from the source is transported in a system for the transportation
of water in bulk and is delivered to a water system which is closed. Both of
these systems must be constructed, licensed, operated and approved by the
Division.

1. Bottled and packaged potable water must
be obtained from a source approved by the health authority and must be handled
and stored in a way that protects it from contamination.

2. Bottled and packaged potable water must
be dispensed from the original container.

[Bd. of Health, Food Establishments Reg. Art. 6 § 6.3,
eff. 9-17-82]

NAC 446.405Water under pressure; system for hot water. (NRS 439.150,
439.200, 446.940)Water which is under
pressure and maintained at the required temperature must be provided to all
fixtures and equipment that use water. The system that generates and
distributes hot water must be capable of meeting the demands of the entire food
establishment at all times.

NAC 446.410Steam which contacts food. (NRS 439.150, 439.200, 446.940)Steam used in contact with
food or surfaces which come in contact with food must be free from any
materials or additives other than those approved by the health authority.

1. All sewage, including liquid waste, must
be disposed of in a manner approved by the health authority.

2. Facilities for the disposal of sewage
which do not use water, including chemical toilets, are prohibited except as
permitted by the health authority for a temporary food establishment which is
in a remote area or because of special situations.

1. There may be no cross connection between
the supply of potable water and any water which is nonpotable or may be
nonpotable nor any source of pollution by which the potable water might become
contaminated.

2. A system of nonpotable water which meets
the limitations established by the State for levels of bacteria may only be
used for purposes such as air-conditioning, cleaning, flushing toilets and fire
protection and only if the system is approved by the health authority and does
not come into direct or indirect contact with food, potable water or equipment
that comes in contact with food or utensils. The piping of any nonpotable water
must be clearly and permanently identified so that it is readily
distinguishable from piping that carries potable water.

3. The system for potable water must be
installed to preclude the possibility of backflow. Devices must be installed to
protect against backflow and back siphonage on all fixtures and equipment which
do not have an air gap which is at least twice the diameter of the inlet for
the water between the inlet and the fixture’s flood level rim. A hose may not
be attached to a faucet unless a device to prevent backflow is installed.

4. A device designed to prevent backflow or
back siphonage that is installed on a water supply system must comply with the
standards for construction, installation, maintenance, inspection and testing
of the Uniform Plumbing Code for that specific application and type of
device, as those standards existed on May 23, 1996. The State Board of Health
hereby adopts those standards by reference. A copy of the standards may be
obtained from the International Association of Plumbing and Mechanical
Officials, 20001 Walnut Drive South, Walnut, California 91789-2825, at a price
of $45.45.

5. The use of lead solder on lines carrying
potable water is prohibited.

NAC 446.430Interceptors for grease. (NRS 439.150, 439.200, 446.940)Interceptors for grease
must be installed at any food establishment which generates grease that may
enter a sewer system and where deemed necessary by the health authority or
public works department of the appropriate local government. An interceptor
must be located so that it is easy to clean. A trap for grease must not be
used.

1. There may be no direct connection between
the sewerage and any drains originating from equipment in which food, ice,
portable equipment or utensils are placed.

2. If a dishwashing machine is located
within 5 feet (1.52 meters) of a floor drain with a trap, the waste outlet for
the dishwasher may be connected directly to the drain on the side containing
the inlet if the trap is properly vented.

3. A walk-in refrigerator must have a floor
which is graded so that it drains to the outside through a waste pipe, doorway
or other opening. The health authority may authorize a floor drain with an
approved device to prevent backflow in a walk-in refrigerator if the slope of
the floor is extreme.

4. Every drain, overflow or relief vent from
the water supply system must have an indirect connection to the waste system.
Drain lines from equipment must not discharge wastewater in a manner that
floods any floor or causes water to flow across any work area or area which is
difficult to clean.

5. A floor drain must be provided in any
area where meat, fish or poultry is processed.

NAC 446.440Location of lines which carry waste. (NRS 439.150,
439.200, 446.940)A line which carries waste
must not be installed over any area used for the preparation or storage of food
or the cleaning of equipment or utensils unless the line is separated from that
area by the floor immediately above or any other barrier or method that has
been approved by the health authority.

1. If a food establishment is the only
occupant of a building, the establishment must have toilets which are
conveniently located within the building. Except as otherwise provided in
subsection 8, if a food establishment occupies part of a building, the establishment
must have toilets which are conveniently located within the part which it
occupies. The toilets must be accessible to the employees of the establishment
at all times.

2. A food establishment that provides public
seating or where the consumption of food is authorized must have separate rooms
with toilets for males and females. As used in this subsection, “public
seating” includes seats, benches, stools and similar furniture provided by the
owner or operator of a building, mall or similar operation for use by the food
establishment and located within 25 feet of the establishment.

3. Toilets and urinals must be easy to
clean. Trough-type urinals are prohibited.

4. Rooms with toilets must be completely
enclosed and have solid doors which must fit tightly, close automatically and
remain closed except during cleaning or maintenance. Doors from rooms with
toilets must not open directly into any area used for the preparation of food
or for the washing or cleaning of equipment, utensils or tableware.

5. Fixtures must be kept clean and in good
repair. A supply of toilet tissue must be provided at each toilet at all times.
Receptacles which are easy to clean must be provided for waste.

6. Rooms with toilets must have at least one
covered receptacle for waste that is in close proximity to the toilet.

7. Exhaust fans and restroom facilities for
persons with a disability must be installed in all new facilities and in
existing facilities if the food establishment is extensively remodeled.

8. Food establishments are not required to
supply toilets within the facility if:

(a) Food is sold only for consumption off the
premises of the seller and at least 50 percent of the food sold is prepackaged;

(b) No preparation or manufacturing of food occurs
on the premises;

(c) The food establishment is located in a covered
mall, casino, airport or similar location where toilet facilities are located
conveniently to the establishment and where indoor access exists;

(d) A sink for washing hands is conveniently
located as required by NAC 446.450; and

(e) The lease agreement of the food establishment
provides that the lessor will at all times provide clean and appropriately
stocked and maintained toilet facilities for employees of the food
establishment.

2. The health authority shall determine the
number of toilet facilities required for a special event based on the needs of
each event.

3. As used in this section, “toilet
facilities” include portable toilets with facilities for washing hands that are
equipped with an adequate supply of potable running water and hand soap and
paper towels that are dispensed properly.

1. Sinks for washing hands must be located
to permit convenient use by all employees in areas used to prepare food and
wash utensils. All new establishments and establishments which are extensively
remodeled must also have sinks for washing hands located within the area used
for the preparation of food.

2. Sinks for washing hands must be
accessible to employees at all times and may not be used for purposes other
than washing hands.

3. Sinks for washing hands must be located
in or immediately adjacent to rooms with toilets or vestibules. Sinks used for preparing
food or for washing equipment or utensils may not be used for washing hands.

4. Each sink for washing hands must have hot
and cold water tempered by a mixing valve or combination faucet. Any faucet
which closes automatically, closes slowly or is metered must provide a flow of
water for at least 20 seconds. Valves which mix steam are prohibited.

5. A supply of soap or detergent for
cleaning hands must be available at each sink for washing hands.

6. A supply of sanitary towels or a device
providing heated air for drying hands must be conveniently located near each
sink for washing hands. Shared towels are prohibited. If disposable towels are
used, receptacles which can be easily cleaned must be conveniently located near
the sink for washing hands.

7. Sinks for washing hands, dispensers for
soap, devices for drying hands and all related fixtures must be easily
cleanable and must be kept clean and in good repair.

1. Garbage and refuse, including refuse to
be recycled or returned, must be kept in containers which are durable, easy to
clean, protected against insects and rodents and do not leak or absorb liquids.
Plastic bags and paper bags which are strong when wet may be used to line these
containers. These bags may also be used for storage inside the food
establishment.

2. Containers in areas used for preparing
food and washing utensils must be kept covered after they are filled.

3. Containers stored outside the
establishment, dumpsters and compactors must be easy to clean and have lids,
doors or covers that fit tightly. These containers must be kept covered when
not in use.

4. Containers designed with drains must have
their plugs in place at all times except during cleaning.

5. There must be a sufficient number of
conveniently located containers to hold all of the garbage and refuse,
including refuse to be recycled or returned, that accumulate.

6. Soiled containers must be cleaned at a
frequency to prevent attracting insects and rodents. Each container must be
thoroughly cleaned on the inside and outside in a way that does not contaminate
food, equipment, utensils or areas used for preparing food. If the operator of
a food establishment cleans garbage containers at the establishment, hot water
and detergent or steam must be provided and used for cleaning the containers.

7. Liquid wastes from compacting or cleaning
operations must be drained to the sewer through a drain that has been approved
by the health authority. The health authority or public works department of the
appropriate local government may require that any waste draining from the
cleaning operation flow through an interceptor for grease.

3. Cardboard or other packaging material
which is free of garbage and other waste need not be stored in covered
containers, but such packaging material must be contained to prevent
scattering.

4. Storage rooms for garbage or refuse,
including refuse to be recycled or returned, must be constructed of materials
which are easy to clean, nonabsorbent and washable. They must be kept clean,
protected against insects and rodents, have adequate light, including not less
than 20 foot-candles of light in the area of work, must be large enough to
store the containers that accumulate and must be maintained free of unnecessary
items.

5. Storage areas or enclosures which are
outside must be large enough to store the containers that accumulate and must
be kept clean.

6. Containers for garbage and refuse,
including refuse to be recycled or returned, dumpsters, containers or bins for
grease and compactors located outside must be stored on or above a reasonably
smooth pad of concrete or asphalt, kept clean and maintained in good repair.
The pad of concrete or asphalt must be sloped adequately with a curb for
drainage to a sewer drain that has been approved by the health authority.

1. All garbage and refuse, including refuse
to be recycled or returned, must be removed from the premises often enough to
prevent it from developing an odor and attracting insects and rodents, but in
any event it must be disposed of within intervals of 7 days, unless otherwise
approved by the health authority.

1. A food establishment and all property
used in connection with its operation must be kept free of litter.

2. The walking and driving surfaces of all
exterior areas of food establishments must be covered with concrete, asphalt,
gravel or similar material which is effectively treated to facilitate
maintenance, minimize dust and prevent muddy conditions. These surfaces must be
graded to prevent pooling and must be kept free of litter.

NAC 446.480Use of measures to minimize or eliminate presence of insects and
rodents required. (NRS 439.150, 439.200, 446.940)Effective measures to
minimize the presence of rodents, flies, cockroaches and other insects on the
premises, including routine inspections to detect the presence of such
specimens, must be utilized. The premises, including the contiguous land or
property under the control of the holder of the permit for the operation of the
food establishment, must be kept in a condition designed to prevent or
eliminate the harboring or feeding of insects or rodents.

1. Openings to the outside must be
effectively protected against the effects of the weather and the entrance of
rodents and insects by the use of doors which fit tightly and close
automatically, closed windows, screens, controlled air currents, air curtains
or other means approved by the health authority.

2. Doors with screens must close
automatically and screens for windows, doors, skylights, transoms, intake and
exhaust air ducts and other openings to the outside must fit tightly and be
free of breaks.

1. Devices designed to electrocute flying
insects are acceptable for use at a food establishment if they are positioned
so that dead insects are prevented from falling on exposed food, food contact
surfaces, or clean equipment and utensils. The trays holding dead insects must
be emptied at least weekly.

2. For the purposes of subsection 1, a
device is properly positioned if the requirements of this subsection are met.
Only devices mounted on a wall may be used. Ceiling units are not acceptable in
areas where food, food contact surfaces, equipment or utensils are exposed.
Devices must be installed:

(a) So that the center of the device is not more
than 3 feet (91 centimeters) above the floor.

(b) Not closer than 5 feet (151 centimeters) from
exposed food.

3. The following safety factors must be
considered when purchasing or installing these devices:

(a) The device must be accepted for testing,
certified, listed and labeled by a nationally recognized testing laboratory
such as Underwriters Laboratories Inc.

(b) Arcing equipment must be isolated from
combustible material.

(c) Electrically charged parts must be guarded to
prevent shock to persons working near the device.

(d) The device must be properly grounded.

(e) The device must be located or positioned so
that employees are not required to work continuously within 3 feet (91
centimeters) of the device.

1. Only pesticides and rodenticides approved
by the State Department of Agriculture for use in a food establishment may be
used.

2. If a general-use pesticide is used:

(a) Automatic spray dispensers must be installed
pursuant to the manufacturer’s instructions, but in no case directly above
food, and at least 15 lineal feet (4.57 meters) from any packaged or unpackaged
food or any surface which may come into contact with food or utensils.

(b) The active material dispensed through the
automatic spray dispenser must be limited to pyrethrins, piperonyl butoxide and
MGK-264 (N-octylbicycloheptene dicarboximide).

(c) The pesticide may not be applied as a component
of paint in an area where food is exposed or an area which is subject to drips,
drains or splashes.

(d) A “bait station” must be:

(1) Covered;

(2) Designed so that it cannot be tampered
with; or

(3) If open, maintained so that the pesticide
is kept within the station.

(e) A tracking powder may not be used.

3. If a restricted-use pesticide is used, it
must be applied by a certified applicator pursuant to the applicable law.

4. An operator of a food establishment who
engages in the regular application of insecticide or pesticide at the
establishment after September 16, 1992, must submit a plan for application to
the health authority. The plan must be approved by the health authority and
include:

(a) The name of the applicator, if the operator
contracts for such services;

(b) The names and purposes of the chemicals to be
used;

(c) The dates or frequency that the chemicals will
be used;

(d) The method or methods to be used for the
protection of food, equipment and persons; and

(e) The method to be used for cleaning the
establishment after the application of the insecticide or pesticide.

Ê Any changes
to such a plan must be submitted to the health authority before another
application may occur.

1. The floors and the coverings for floors
in all areas used for the preparation and storage of food and for washing
utensils, and in all refrigerators, dressing rooms, locker rooms, rooms with
toilets and vestibules, must be constructed of smooth, durable material, such
as sealed concrete, terrazzo, ceramic tile, commercial and durable grades of
linoleum or plastic, or tight wood impregnated with plastic, and must be
maintained in good repair. Nothing prohibits the use of a covering designed to
prevent falls in areas where it is necessary for safety if the covering is kept
in good repair, can be cleaned properly and is maintained in a clean condition.

2. Carpeting must be closely woven, properly
installed, easy to clean and must be maintained in good repair. Carpeting and
area rugs are prohibited in any area used for the preparation of food or drinks
or for washing equipment and utensils. Carpeting is also prohibited where food
is stored and in areas where urinals or toilets and related fixtures are
located.

3. Only sawdust sifted through a number 10
screen with all the fine dust removed and treated with a 10 percent saline
solution may be used on the floors of butcher shops. If sawdust is used in a butcher
shop:

(a) The sawdust must be changed daily or as
necessary.

(b) The application or use of the sawdust must not
cause the contamination of food or surfaces that may come into contact with
food. If such contamination occurs, the use of sawdust is prohibited.

(c) The sawdust must not be tracked into walk-in
refrigerators or freezers.

(d) The operator of the butcher shop shall, upon
request by the health authority, demonstrate that he or she is in compliance
with the provisions of NRS 446.841.

NAC 446.505Floors flushed with water for cleaning. (NRS 439.150,
439.200, 446.940)Drains with traps must be
used in floors that are flushed with water for cleaning or that receive
discharges of water or other fluid waste from equipment, or in areas where a
pressure spray is used for cleaning equipment. Such floors must be constructed
only of sealed concrete, terrazzo, ceramic tile or similar materials, and must
be graded to drain.

NAC 446.515Junctures between walls and floors. (NRS 439.150,
439.200, 446.940)In all new or extensively
remodeled establishments with floors made of concrete, terrazzo, ceramic tile
or similar materials that are cleaned by being flushed with water, the
junctures between the walls and the floors must be coved with a minimum radius
of one-half inch (12.7 millimeters) and sealed. In all other cases, the
junctures between walls and floors must not present an open seam of more than
one thirty-second of an inch (0.79 millimeters) around coving materials.

1. Utility lines and pipes which are exposed
must not obstruct or prevent the cleaning of the floor. In all new or
extensively remodeled establishments, the installation of horizontal utility
lines and pipes on the floor is prohibited. In existing establishments, they
are prohibited if they present a safety hazard or if they prevent the floor
from being cleaned properly.

2. Utility lines and pipes which are exposed
must not obstruct or prevent the cleaning of the walls and ceilings. Utility
lines and pipes must not be unnecessarily exposed on the walls or ceilings of
refrigerators, areas used for preparing food or washing equipment and utensils,
and rooms with toilets and vestibules. Utility lines and pipes must, as is
reasonably possible, be located inside walls and floors.

NAC 446.530Walls and ceilings. (NRS 439.150, 439.200, 446.940)The walls, nonsupporting
partitions, coverings for walls, the ceilings of walk-in refrigerators or
freezers, areas used for preparing food or washing equipment and utensils, and
rooms with toilets and vestibules must be light-colored, smooth, nonabsorbent,
durable and easy to clean. The health authority may authorize a limited amount
of texture for the walls. The walls and ceilings of walk-in refrigerators in
all new establishments must be coved at all junctures and constructed of sheet
metal made out of aluminum or stainless steel, plastic, tile or other
impervious materials. Blocks made of concrete or pumice which are used for the
construction of walls in these locations must have a smooth finish with no
roughness, projections, pits, seams or texture, and must be sealed to provide a
surface which is easy to clean.

NAC 446.535Studs, joists and rafters. (NRS 439.150, 439.200, 446.940)Studs, joists and rafters
may not be exposed in refrigerators, areas used for preparing food or washing
equipment and utensils, and rooms with toilets and vestibules. If exposed in
other rooms or areas, they must be finished to provide surfaces which are easy
to clean.

NAC 446.545Equipment attached to walls or ceilings. (NRS 439.150,
439.200, 446.940)Light fixtures, covers for
vents, fans mounted on walls or ceilings, decorative materials and similar
equipment attached to walls or ceilings must be easy to clean and must be
maintained in good repair.

3. Only methods of cleaning floors and walls
which inhibit dust may be used, such as vacuum cleaning, wet cleaning or the
use of sweeping compounds.

4. In new or extensively remodeled
establishments, at least one sink for cleaning or a curbed cleaning facility
with a drain in the floor must be used for the cleaning of mops or similar
tools used to clean wet floors and for the disposal of water used for mopping
or similar liquid wastes. Lavatories or sinks normally used for preparing food
or washing utensils or equipment may not be used for this purpose.

1. Artificial sources of light which are
permanently fixed must be installed to provide at least 50 foot-candles of light
on all surfaces used for preparing food and at work levels used to wash
equipment or utensils.

2. Artificial sources of light which are
permanently fixed must be installed to provide at a distance of 30 inches (75
centimeters) from the floor:

(a) At least 20 foot-candles of light in areas used
to store equipment and utensils, in sales areas and in lavatories and rooms
with toilets; and

(b) At least 20 foot-candles of light for cleaning
in refrigerators, areas used to store dry food and in all other areas,
including dining areas.

NAC 446.565Shatterproof light bulbs or shields for lighting fixtures
required. (NRS 439.150, 439.200, 446.940)Coated, shatterproof light
bulbs or shielding designed to prevent broken glass from falling onto
unpackaged food must be used for all artificial lighting fixtures which are
located over, by or within facilities used for the storage, preparation,
service and display of food, for cleaning and storing utensils, equipment and linens,
or for storing unwrapped articles designed for a single service or single use.

NAC 446.570Lamps used for heat. (NRS 439.150, 439.200, 446.940)Infrared or other lamps
used for heat must be protected against breakage by a shield surrounding and
extending beyond the bulb, leaving only the face of the bulb exposed.

1. All rooms must have sufficient
ventilation to keep them free of excessive heat, steam, condensation, vapors,
obnoxious odors, smoke and fumes. Ventilation systems must not, when vented to
the outside, create an unsightly or harmful discharge.

2. Intake and exhaust air ducts must be
designed and maintained to prevent dust, dirt and other materials from
contaminating food, utensils and equipment.

3. In new or extensively remodeled
establishments, all rooms from which obnoxious odors, vapors or fumes originate
must be mechanically vented to the outside.

1. If employees routinely change clothes in
the establishment, rooms or areas must be designated and used for that purpose.
These designated rooms or areas may not be used for the preparation, storage or
service of food or for washing or storing utensils.

2. Enough lockers or other suitable
facilities must be used for the orderly storage of the employees’ clothing and
other belongings. Lockers or other suitable facilities may be located only in
the designated dressing rooms or in rooms or areas used to store only packaged
articles designed for a single use.

1. Except as otherwise provided in this
subsection, only those poisonous or toxic materials necessary for maintaining
the establishment, cleaning and sanitizing equipment and utensils and
controlling insects and rodents may be present in food establishments. Packaged
poisonous or toxic materials that are offered for retail sale and employees’
items for personal use may be present in food establishments.

2. Containers of poisonous or toxic
materials which are in use, and any of the employees’ items for personal use
which have been stored at the establishment, must be prominently and distinctly
labeled for easy identification of contents.

3. Poisonous or toxic materials and any of
the employees’ items for personal use may not be used or stored in a way that
contaminates food, equipment or utensils, constitutes a hazard to employees or
other persons, or other than in full compliance with the manufacturer’s
labeling.

5. Each category of poisonous or toxic
materials must be stored separately. All poisonous or toxic materials must be
stored in cabinets used for no other purpose and, when displayed for retail
sale, must be separated by spacing, dividers or partitioning from food and
articles designed for a single use. Poisonous or toxic materials must not be
stored above food, equipment used with food, utensils or articles designed for
a single use, except that detergents or sanitizers may be conveniently placed
by stations for washing dishes or utensils.

6. A food container may not be used to
store, transport or dispense poisonous or toxic materials.

7. Original containers of poisonous or toxic
materials must bear a legible manufacturer’s label.

8. A container previously used to store
poisonous or toxic materials may not be used to store, transport or dispense
food.

1. Except as otherwise provided in this
section, personal medications may not be stored in areas used for the storage,
preparation or service of food. The health authority may approve the storage of
a medication in a refrigerator that is used for the storage of food if:

(a) The medication requires refrigeration;

(b) The medication is kept in a covered and locked
container that does not leak and to which only the user of the medication has a
key;

(c) The container is labeled as a medication for an
employee’s use; and

(d) The container is stored on the lowest shelf of
the refrigerator.

2. First-aid supplies must be stored in a
way that prevents them from contaminating food and surfaces which come in
contact with food.

NAC 446.605Restriction of persons in areas for preparing food or washing
utensils. (NRS 439.150, 439.200, 446.940)Unauthorized persons,
including infants and toddlers, may not pass through or otherwise be present in
the areas used for preparing food or washing utensils.

1. Laundering in a food establishment is
restricted to the washing and drying of linens, cloths, uniforms and aprons
which are necessary to the operation of the establishment unless the item does
not need to be dried and is used immediately after being laundered. If such
items are laundered on the premises, an electric or gas dryer must be used.

2. Laundry facilities must be placed in a
separate room except that laundering may be conducted in storage rooms
containing only packaged foods or packaged articles intended for a single use.
These facilities must be properly vented.

3. Clean clothes and linens must be stored
not less than 6 inches (15.24 centimeters) above the floor in a clean place and
protected from contamination until used.

4. Soiled clothes and linens must be stored
in nonabsorbent containers or washable bags until removed for laundering and
must be stored to prevent contamination of food and equipment and utensils used
in the preparation of food. A container or bag used to hold soiled clothes and linens
must be so marked by letters that are not less than 2 inches (5 centimeters)
high and of a contrasting color with the background.

5. Except as otherwise provided in this
subsection, soiled clothes, linens or cloths may not be stored in cold storage
rooms. The health authority may exempt a food establishment that processes
meat, poultry or fish from the requirements of this subsection if the soiled
clothes and linens are stored separate from the food.

1. Maintenance and cleaning tools, such as
brooms, mops, buckets for mops, vacuum cleaners and similar equipment, must be
maintained and stored in a way that does not contaminate food, utensils,
equipment or linens and must be stored in an orderly manner.

2. Mops must be cleaned after each use and
must be placed in a position and location that allows them to dry with air
without soiling walls, equipment or supplies. Water that has been used for
mopping must:

(a) Not be left standing in any area used for
preparing food or washing utensils; and

(b) Must be disposed of properly and immediately
after the mopping is completed.

3. Sinks for preparing food, sinks for
washing hands and equipment for washing tableware may not be used for cleaning
maintenance tools, preparing or holding maintenance materials or dispensing
water used to clean a surface or similar liquid wastes.

1. Except as otherwise provided in this
section, live animals, including birds and turtles, are not allowed on the
premises of a food establishment or on adjacent areas under the control of the
holder of the permit for the operation of the food establishment. Edible fish
or decorative fish in aquariums, shellfish or crustacea on ice or under
refrigeration, and shellfish and crustacea in a display tank may be present on
the premises of a food establishment if food, equipment, utensils, linens or
unwrapped articles designed for a single service or a single use are not
contaminated.

2. Dogs accompanying security or police
officers are permitted in offices, storage areas and dining areas. Sentry dogs
may be permitted to run loose in outside fenced areas for security reasons.
Guide dogs accompanying persons with a visual, aural or physical disability or
trainers who are training guide dogs are permitted in dining or sales areas.
Such dogs are not allowed on the seats or tables of a food establishment.

3. Food handlers must not care for or handle
any pets while on duty.

4. Live or dead fish bait must be stored
separately from food or food products in retail stores.

1. A temporary food establishment must
comply with all the requirements of NAC 446.050 to 446.625, inclusive, which are applicable to its
operation.

2. If, in the opinion of the health
authority, an imminent hazard to the public health will not result, temporary
food establishments which do not fully comply with all the requirements of NAC 446.050 to 446.625,
inclusive, may operate when the preparation and service of food are restricted
and deviations from full compliance are covered by the requirements set forth
in NAC 446.635 to 446.660,
inclusive.

3. A temporary food establishment may only
be operated at a fair, carnival, circus, public exhibition, celebration or
similar transitory gathering. The location from which a temporary food
establishment is operated must be approved by the health authority.

1. Potentially hazardous foods requiring
limited preparation may be prepared or served at a temporary food establishment
only if the health authority has approved the foods before their preparation
and service.

2. This section does not apply to any
potentially hazardous food that has been prepared and packaged under conditions
meeting the requirements of NAC 446.045 to 446.195, inclusive, is obtained in individual
servings, stored at a temperature of 40°F (4.44°C) or below or 140°F (60°C) or
above in facilities meeting the requirements of NAC
446.045 to 446.195, inclusive, and is served
directly in the unopened container in which it was packaged.

3. Potentially hazardous foods served at a
temporary food establishment must be prepared and served in the same day and
must not be saved for service on any following day.

4. Potentially hazardous food prepared in a
private home must not be served in a temporary food establishment.

NAC 446.640Ice. (NRS 439.150, 439.200, 446.865, 446.940)Ice which is intended for
human consumption or which will come in contact with food or be used as a
source of refrigeration must be obtained from an approved source. Ice intended
for use in beverages must be manufactured in a chipped, crushed or cubed form.
The ice must be obtained in plastic bags which are designed for a single use
and are filled and sealed at the point of manufacture. The ice must remain in
the bag until dispensed in a way that protects it from contamination.

1. If required by the health authority,
floors must be constructed of concrete, asphalt, tightly fitted wood or other
similar cleanable material and must be kept in good repair. Dirt or gravel,
when graded to drain, may be used as subflooring if it is covered with clean,
removable platforms or duckboards.

2. Ceilings must be made of wood, canvas or
other material that protects the interior of the establishment from the
weather. The walls and ceilings of areas used for preparing food must be
constructed so that insects are not present.

3. If required by the health authority,
doors must be solid or screened and must close automatically.

4. Screening material used for walls, doors
or windows must be at least 16 mesh to the inch.

NAC 446.665Applicable requirements. (NRS 439.150, 439.200, 446.940)Mobile units must comply
with the requirements of NAC 446.050 to 446.625, inclusive, where applicable, and with the
requirements of NAC 446.665 to 446.815, inclusive. A health authority may impose
additional requirements when needed to protect against health hazards.

1. The interior of a mobile unit must be of
sufficient size, with equipment and fixtures conveniently located, and be
completely enclosed with the exception of the service openings. Doors providing
access to the outside must be equipped with mechanisms that cause the doors to
close automatically and must be kept closed.

2. Service openings may not be larger than
18 inches (45 centimeters) wide or 18 inches (45 centimeters) high and must be
located away from areas used to prepare and dispense food and beverages. They
must be open only while food and beverages are being dispensed, or fans must be
used.

NAC 446.680Ventilation. (NRS 439.150, 439.200, 446.940)Ventilation must be
provided by a fan and must include refrigeration when necessary to keep the
interior temperature comfortable and to prevent the unnecessary opening of
doors and service openings.

NAC 446.690Equipment and utensils. (NRS 439.150, 439.200, 446.940)Equipment, dispensers and
utensils for the handling, processing, storage, dispensing and service of
frozen desserts, mixes, beverages, food, dairy products and cups and utensils
designed for a single use must be approved by the health authority.

NAC 446.695Refrigerators. (NRS 439.150, 439.200, 446.940)A mobile unit must have a
refrigerator which is large enough to store safely all potentially hazardous
foods. The refrigerator must have at least one integral or permanently affixed
indicating thermometer accurate to within plus or minus 2°F (1°C). Only metal
or plastic racks may be used in the refrigerator.

NAC 446.700Sinks. (NRS 439.150, 439.200, 446.940)A sink with three
compartments which are each large enough to immerse utensils and which are
supplied with running water at a temperature of at least 120°F (49°C) must be
used. The sink must have a swivel faucet which is equipped with a mixing valve.

1. A tank which supplies potable water must
have a minimum capacity of 40 gallons (152 liters), a sloped bottom and an
outlet drain located at the lowest point of the tank.

2. The inlet for water must be removable,
made of flexible copper or other approved tubing and equipped with an approved
vacuum breaker and nozzle for connecting a hose. The inlet must be capped when
not in use. The inlet and outlet must be located to prevent contamination from
the discharge of waste, dust from the road, oil or grease. The filler and drain
hoses must be clearly and permanently identified, used for no other purposes
than their intended purposes, and hung with the ends connected or covered when
stored. If water is added only at the servicing depot, the vacuum breaker may
be installed on the water tap at the depot.

3. When compressed air is used to pressurize
the tank, a filter that does not pass oil or oil vapors must be installed in
the line that supplies the air, between the compressor and potable water
system.

4. A basin with warm, running, pressurized
water, a nailbrush, soap and towels must be used for washing hands.

5. The tank which supplies potable water,
pump and hoses must be flushed and sanitized before being placed in service
after construction, repair, modification and periods during which they were not
used.

1. A tank for waste that has a capacity at
least 15 percent larger than the combined capacities of the tanks holding the
water supply, is constructed with the bottom sloped to a drain that has an
inner diameter of at least 1 inch (25 millimeters) and is equipped with a
shut-off valve must be used.

2. The contents of the tank must be gauged.

3. The tank must be emptied and flushed as
often as necessary into an approved installation in the service depot or other
sanitary station approved by the health authority in a manner which maintains
sanitary conditions.

1. A can for refuse with a cover must be
installed inside a mobile unit. Containers for the deposit of used cups,
dishes, napkins and similar waste with openings to the inside of the mobile
unit must also be installed.

2. These containers must be of sufficient
size for daily needs and must be constructed, designed and placed so they can
be readily cleaned, be kept clean and do not create a nuisance.

3. Containers intended for use by customers
must have large, clear signs on the covers stating “Deposit Trash Here” or
similar wording that has been approved by the health authority.

NAC 446.735Proposed changes required to be submitted to health authority. (NRS 439.150,
439.200, 446.940)Any proposed changes in
servicing depots, routes, zones, equipment or the operation of a mobile unit
must be submitted to and approved by the health authority before the proposed
changes are made.

4. A depot that is based outside the
jurisdiction of the health authority may be operated in this State if the
operator satisfies the requirements of subsection 3 and obtains the permit
issued pursuant to the provisions of NRS
446.875.

NAC 446.742Restriction on operation from specific location. (NRS 439.150,
439.200, 446.940)A mobile unit must not be
operated from a specific location, other than a special event, for more than
half an hour.

1. A room large enough to accommodate a
mobile unit, with properly constructed walls, ceiling and floors, and proper
ventilation and lighting must be provided at a servicing depot for cleaning the
units.

2. Floors must be properly sloped and drains
suitably constructed for receiving waste from the mobile unit.

NAC 446.750Refrigerating or storage areas required to be separate from
cleaning areas. (NRS 439.150, 439.200, 446.940)Areas in a servicing depot
for refrigerating or storing food, beverages, supplies and equipment must be
separated by proper partitions from the area used for cleaning mobile units.

1. There must be a sufficient hose for
washing a mobile unit at a servicing depot and a facility to hang the hose to
prevent its contamination.

2. There must be a sufficient amount of
steam or hot water, at a temperature of at least 170°F (77°C), to sanitize
properly the mobile unit and equipment which is not sanitized with chemical
disinfectants.

NAC 446.760Sinks and drain boards. (NRS 439.150, 439.200, 446.940)A sink with three
compartments and integral drain boards that are self-draining, that is
constructed of material which will not corrode and is of a sufficient size to
accommodate the largest equipment, container or utensil washed therein, and metal
racks for drying utensils, containers and equipment must be used at a servicing
depot.

NAC 446.770Disposal of liquid waste. (NRS 439.150, 439.200, 446.940)The tank which retains
liquid waste must be thoroughly flushed and drained during servicing. All
liquid waste must be discharged into a sanitary system for the disposal of
sewerage in accordance with the provisions of NAC
446.395 to 446.450, inclusive.

NAC 446.775Posting of daily schedule of units. (NRS 439.150,
439.200, 446.940)A daily schedule of the
mobile units which operate from a servicing depot must be posted on the
exterior of the depot. The schedule must reflect the specified routes that the
units will cover on any particular day.

NAC 446.815Doors or covers for compartments.
(NRS 439.150, 439.200, 446.940)If a mobile unit has
compartments from which customers serve themselves, compartments must have
doors which close tightly or covers which properly protect the unit from bad
weather, effectively exclude dust and protect the interior of the unit. The
compartments must be closed while the unit is being moved.

1. An applicant for a permit issued pursuant
to the provisions of NRS 446.875
must include with his or her application a description of how the requirements
of that section will be met, including a description of a menu for the proposed
food establishment. The health authority may require an applicant to include a
plan for analyzing the hazards of critical control points. If the food
establishment is required to have such a plan, the plan must include:

(a) A categorization of the types of potentially
hazardous foods that are specified in the menu, such as soups and sauces,
salads and bulk, solid foods, such as meat roasts, and other foods that are
specified by the health authority.

(b) A diagram that identifies critical control
points for specific foods or categories of food and provides:

(1) The ingredients, materials and equipment
used in the preparation of each food or category of food; and

(2) The procedures to ensure that each food or
category of food is prepared safely.

(c) A training plan for food handlers and supervisors
that addresses issues of safety in the preparation of food.

(d) A statement of standard operating procedures
that identifies:

(1) Each critical control point.

(2) Limits for each critical control point.

(3) The method and frequency for monitoring
and controlling each critical control point by the employee designated by the
person in charge.

(4) The method and frequency for the person in
charge to verify routinely that an employee is following standard operating
procedures and monitoring critical control points.

(5) Actions to be taken by the person in
charge if the limits for each critical control point are not met.

(6) The records required to be maintained by
the person in charge to demonstrate that the plan for analyzing the hazards of
critical control points is properly operated and managed.

(e) Additional scientific data or other
information, as required by the health authority, supporting the determination
that the safety of the food served will be ensured.

2. All permits issued by the health
authority pursuant to NRS 446.875
must be in writing.

(Added to NAC by Bd. of Health, eff. 9-16-92; A 5-23-96)

NAC 446.823Knowledge of provisions of chapter. (NRS 439.150,
439.200, 446.940)The health authority may
require the holder of a permit issued pursuant to the provisions of NRS 446.875, or his or her
designated agent, to demonstrate a knowledge of the provisions of this chapter
by:

1. Passing an examination, which may be
written or oral; or

2. Completing a course of instruction that
has been approved by the health authority.

1. A person who has reason to believe that
an action taken by the Division pursuant to this chapter or chapter 446 of NRS is incorrect or based
on inadequate knowledge may, within 10 business days after receiving notice of
the action, request an informal discussion with the employee responsible for
the action and the immediate supervisor of the employee.

2. If the informal discussion does not
resolve the problem, the aggrieved person may, within 10 business days after
the date scheduled for the informal discussion, submit a written request to the
Bureau for an informal conference. The informal conference must be scheduled
for a date, place and time mutually agreed upon by the aggrieved person and the
Bureau, except that the informal conference must be held no later than 60 days
after the date on which the Bureau received the written request.

3. Except as otherwise provided in
subsection 4, the determination of the Bureau resulting from the informal
conference cannot be appealed and is the final remedy available to the
aggrieved person.

4. An applicant for or holder of a permit
issued pursuant to this chapter or chapter
446 of NRS who is aggrieved by an action of the Division relating to the
denial of an application for or the renewal of such a permit or the suspension
or revocation of such a permit may appeal that action in accordance with NAC 439.300 to 439.395, inclusive, after exhausting the
informal procedures set forth in this section, except that the Bureau may waive
the informal procedures, or any portion thereof, by giving written notice to
the aggrieved person.

5. As used in this section, “Bureau” means
the Bureau of Health Protection Services of the Division or its successor.

1. The Division shall charge and collect
fees for annual permits and other services in accordance with the following
schedule, except as otherwise provided in NRS 576.128 and except in areas
where the laws and regulations governing food establishments are administered
by local health authorities:

Main
Facilities

Fees

For
a restaurant, establishment for drinking, main kitchen, bar for beer, snack
bar, concession, service bar, portable food unit or buffet

For the first 40 seats....................................................................................

$200

Plus $1.50 for each additional seat

For a restaurant which provides food to take out

For the first 40 seats....................................................................................

200

Plus $1.50 for each additional seat

For each window of a drive-in or service station........................................

55

For a food establishment that has been exempted pursuant to NRS 446.870.

50

For a caterer......................................................................................................

125

For a food establishment within:

A bed and breakfast facility........................................................................

166

A charter school, private school or public school........................................

150

A correctional facility..................................................................................

For
a market, a service providing candy, package liquor, health food, dry
storage, meat, poultry, seafood, refrigerated storage, storage of produce or
bakery sales, a food warehouse or a market for produce which has an area of:

Less than 1,000 square feet.............................................................................

More than 5,000 square feet........................................................................

332

For a temporary food establishment, per unit...................................................

50

For
a temporary food establishment which is operated by a religious, charitable
or other nonprofit organization if the sale of food from the establishment
occurs off the premises of the organization, per unit.......

25

For a food processing establishment, for each label reviewed.........................

83

For the testing of food products at a food processing
establishment......

Actual costs

2. As used in this section:

(a) “Bed and breakfast facility” has the meaning
ascribed to it in NAC 446.845.

(c) “Child care facility” means an establishment
licensed pursuant to chapter 432A of
NRS to provide care for 10 or more children.

(d) “Correctional facility” means any local
detention facility, county jail, state prison, reformatory or other
correctional center, including, without limitation, any facility for the
detention of juvenile offenders, operated by or under the supervision of the
State or a subdivision of the State for the custody, care or training of
offenders.

NAC 446.835Fees for reviewing plans. (NRS 439.150, 439.200, 446.940)The Division shall charge
and collect the following fees for reviewing plans for food establishments,
except in areas where the laws and regulations governing food establishments
are administered by local health authorities:

For
a plan for a new establishment..........................................................................

$498

Plus
an amount equal to the fee for an annual permit for the establishment being
reviewed.

For
a plan for remodeling an establishment which has a permit..............................

332

Plus
an amount equal to one-half of the fee for an annual permit for the
establishment after remodeling.

NAC 446.840Fees for mobile units and servicing depots. (NRS 439.150,
439.200, 446.940)The Division shall charge
and collect fees for its services in accordance with the following schedule,
except in areas where the laws and regulations governing the sanitation of
mobile units and servicing depots are administered by local health authorities:

For an annual permit for each mobile unit for food and drink,
self-service mobile unit, including a self-service mobile unit for ice cream
and candy, or a servicing depot.............................................................................................

$166

For reviewing plans of a mobile unit, a self-service mobile unit or a
servicing depot...............................................................................................................

166

For reviewing plans for remodeling a mobile unit, a self-service
mobile unit or a servicing depot which has a permit..............................................................

NAC 446.843Exemption from certain fees: Interpretation of “natural and
unprocessed state” as used in NRS
576.128. (NRS 439.150, 439.200, 446.940)As used in paragraph (b)
of subsection 3 of NRS 576.128,
the State Board of Health will interpret the term “natural and unprocessed
state” to mean that an agricultural product of the soil is not cut, sliced,
breached, shelled, canned, cooked, pickled, sealed, packaged, dried, milled,
ground or otherwise altered from its original state after being harvested.

1. A holder of a permit issued pursuant to
this chapter or chapter 446 of NRS may
apply to the Division for a certificate of free sale. The application must be
submitted on a form approved by the Division and include:

(a) The full name and post office address of the
applicant;

(b) A statement concerning whether the applicant is
a natural person, firm or corporation and, if a partnership, the names of the
partners, together with their addresses; and

(c) The signature of the applicant or applicants.

2. Upon receipt of an application for a
certificate of free sale and the fee required pursuant to subsection 4, the
Division shall determine whether the applicant is in compliance with the
provisions of this chapter and chapter 446
of NRS. If the Division determines that the applicant is in compliance with the
provisions of this chapter and chapter 446
of NRS, the Division may issue a certificate of free sale to the applicant.

3. A certificate of free sale issued
pursuant to this section is not transferable from person to person or from
place to place.

4. The Division shall charge and collect $41
for each certificate of free sale.

5. As used in this section, “certificate of
free sale” means a certificate issued by the Division which verifies compliance
with the provisions of this chapter and chapter
446 of NRS.

(Added to NAC by Bd. of Health by R007-04, 4-7-2004; A
by R101-07, 10-31-2007)

BED AND BREAKFAST FACILITIES

NAC 446.845 “Bed and breakfast facility” defined. (NRS 439.150,
439.200, 446.940)As used in NAC 446.845 to 446.860,
inclusive, unless the context otherwise requires, “bed and breakfast facility”
means a commercial home offering bed and breakfast accommodations to one or
more persons per night for a period of less than 1 week.

2. If, in the opinion of the health
authority, an imminent hazard to the public health will not result, a bed and
breakfast facility which does not exceed the capacity of 10 persons and which
does not fully comply with all the requirements of NAC
446.050 to 446.625, inclusive, may operate if
the preparation and service of food are restricted and deviations from full
compliance are covered by the provisions of NAC 446.845
to 446.860, inclusive.

(Added to NAC by Bd. of Health, eff. 10-14-88; A by
R007-04, 4-7-2004)

2. All food must be prepared fresh with no
foods held over to another day. Milk must be served in its individual container
from an approved milk plant. Various breakfast rolls, cakes and pastries may be
baked and served.

(Added to NAC by Bd. of Health, eff. 10-14-88)

NAC 446.860Equipment. (NRS 439.150, 439.200, 446.940)Equipment in a bed and
breakfast facility must be located and installed in a way that prevents
contamination of food and facilitates cleaning. Equipment designed for use in a
private home, such as cooking units, refrigerators, dishwashers, cabinets,
hoods and utensils are acceptable if they are effective, do not cause a health
problem for the public and are in good repair.

1. As used in NAC
446.865 to 446.910, inclusive, unless the
context otherwise requires, “vending machine” means any device designed for
customers who serve themselves and which, upon the insertion of money or
tokens, dispenses unit servings of food, in bulk or in packages, without the
necessity of replenishing the device between each vending operation.

2. The term does not include any device
which dispenses only nuts, popcorn, ball gum, hard candy, prepackaged candy,
cookies, crackers or similar snacks, beverages which are not potentially
hazardous food or prepackaged ice.

1. Potentially hazardous food offered for
sale through vending machines must be dispensed to the consumer in the
individual, original container or package into which it was placed at:

(a) A food establishment having a permit issued by
the health authority; or

(b) The plant of the manufacturer or processor.

2. Vending machines which dispense
potentially hazardous food must be provided with adequate refrigerating or
heating units and thermostatic controls which ensure the maintenance of
refrigerated foods at a temperature of 40°F (4.44°C) or below and hot foods at
a temperature of 140°F (60°C) or above. Such a machine must have automatic
controls which, in the event of a power failure, mechanical failure or other
condition resulting in unsafe temperatures, prevent it from dispensing
potentially hazardous food until it has been serviced by the operator.

3. Potentially hazardous food which fails to
conform to the requirements of this section must be removed from the vending
machine, rendered unusable for human consumption and properly discarded.

1. Nonpressurized containers used for the
storage of food sold through vending machines, including water, must be
provided with covers which prevent contamination from reaching the interior of
the containers. The covers must have a flange which overlaps the opening and
must be sloped to provide drainage from the cover wherever the collection of
condensation, moisture or splash is possible. Any opening through the cover
must be flanged upward at least three-sixteenths of an inch (5 millimeters) and
provided with an overlapping cover flanged downward.

2. Aprons which deflect condensation, drips
and dust must be provided on all piping, thermometers, equipment, rotary shafts
and other functional parts extending into the container unless a watertight
joint is provided.

1. The delivery tube or chute and orifice of
all vending machines used for the sale of bulk food must be protected from
normal manual contact, dust, insects, rodents and other contamination. Such
machines must be designed to divert condensation or moisture from the normal
filling position of the container which receives the food.

2. The vending stage of such machines must
be provided with a door which fits tightly, closes automatically and is kept
closed except when food is being removed.

1. Water used in vending machines must be
potable and from a source which has been approved by the health authority. If
used, water filters or other devices used for water conditioning must be of a
type which may be disassembled for periodic cleaning or replacement of the
active element. Replacement elements must be handled in a sanitary manner.

2. Vending machines directly connected to
the water supply must be properly equipped with devices to prevent backflow.
These devices must be:

1. All door and panel openings to the spaces
of vending machines used for food and container storage must fit tightly and be
sealed with gaskets if necessary to prevent the entrance of dust, moisture,
insects and rodents.

2. Ventilation openings of vending machines
must be covered with screening material that has 16 mesh to the inch or
equivalent.

3. Screening material for openings into the
condenser units of vending machines must not be less than 8 mesh to the inch.
All condenser units must be separated from the food and container storage space
and sealed from that space.

4. All vending machines must be constructed
to facilitate cleaning under the machine.

1. In postmix soft drink vending machines,
copper tubing or other potentially toxic tubing used for water systems must not
come into contact with carbonated water.

2. In vending machines in which carbon
dioxide is used as a propellant, all devices designed to prevent backflow and
all food contact surfaces must be of such a material as to preclude the
production of toxic substances which may result from interaction with carbon dioxide
or carbonated water.

(Added to NAC by Bd. of Health, eff. 10-14-88)

NAC 446.910Receptacles for trash. (NRS 439.150, 439.200, 446.940)Trash receptacles must be
provided in the vicinity of each vending machine or group of vending machines,
but not within the vending machine. The receptacles must close automatically,
must be leak proof, easily cleaned, insect proof and rodent proof, and must be
cleaned daily to prevent the attraction of insects and rodents.

NAC 446.920Plan for operation. (NRS 439.150, 439.200, 446.940)A plan must be submitted
to, and approved by, the health authority before a food establishment may construct
or operate a barbecue. The plan must include the equipment to be used in the
construction or operation of the barbecue and describe the facility for, and
the operation of, the barbecue.

(Added to NAC by Bd. of Health, eff. 9-16-92)

NAC 446.925Compliance with local building or fire codes or ordinances. (NRS 439.150,
439.200, 446.940)If a barbecue is subject
to local building or fire codes or ordinances, the food establishment must
receive approval for the barbecue, in writing, from the appropriate authority
and furnish the health authority with evidence of such approval upon request.

1. All equipment used in the construction or
operation of a barbecue must be nontoxic, easy to clean and kept in good repair.

2. A barbecue must be located on the
property where the food establishment is located and it must not be more than
50 feet from the structure housing the establishment.

3. The site where the barbecue is located
must be drained properly to ensure that water will not pool, collect or cause a
nuisance. The walking surfaces within 25 feet of the barbecue must be kept
clean and free of organic materials, such as bark and pine needles.

4. The area underlying a barbecue must be a
hard, cleanable surface.

5. Wood chips, bark or other organic
materials used for smoking and flavoring in the cooking process must be stored
at the barbecue in a manner which will not lead to the contamination of the
wood chips, bark or other organic materials or food.

6. The barbecue must be located in an open
area where there are no overhanging trees, wires or other impediments above the
barbecue.

7. In the area surrounding a barbecue, dust
must be minimized by using:

(a) A device to block wind; or

(b) A type of ground cover,

Ê that has been
approved by the health authority.

8. A fixed or permanent barbecue may not be
located in a parking lot.

9. A barbecue must be kept clean and free
from food, debris, grease, soot, ashes and soil by brushing or otherwise
cleaning it before each use or as necessary.

1. The operator of a food establishment must
make reasonable efforts to ensure that insects, rodents and other sources of
contamination do not affect a barbecue or its operations.

2. A barbecue may not be used during a dust
storm, flood, infestation of insects or vermin or under any other circumstances
where the protection of food cannot be ensured.

3. Surfaces which may come into contact with
food, utensils and equipment used in the operation of a barbecue must be made
of nontoxic materials and constructed and maintained in such a manner that they
are easy to clean and keep in good repair.

1. Any methods for preparing food and the
kinds of food to be cooked at a barbecue must be approved by the health
authority.

2. All food cooked at a barbecue must be
protected from contamination by keeping it at an appropriate temperature or by
covering it properly.

3. The preparation of food must be completed
in the food establishment before the food is transported to the barbecue.

4. All food at a barbecue must be cooked
immediately and served to the customer or transported to a proper area for
storage.

5. A barbecue must be attended by an
employee of the food establishment at all times it is in operation and may only
be operated by an employee of the establishment.

6. Customers of the food establishment must
be separated from the barbecue by a distance of not less than 5 feet (1.52
meters) by partitions, planters, walls or similar means.

(Added to NAC by Bd. of Health, eff. 9-16-92; A 5-23-96)

NAC 446.945Approval of location: Factors for consideration. (NRS 439.150,
439.200, 446.940)The health authority shall
consider whether to approve the location of a barbecue based on factors,
including, but not limited to:

1. The weather;

2. Existing or potential sources of
contamination;

3. The ability of the facility to protect
food; and

4. The presence of insects and vermin.

(Added to NAC by Bd. of Health, eff. 9-16-92; A 5-23-96)

PORTABLE UNITS FOR SERVICE OF FOOD

NAC 446.946Applicable requirements. (NRS 439.150, 439.200, 446.940)A portable unit for
service of food must comply with the requirements of NAC
446.010 to 446.625, inclusive, that apply to
the operation of portable units for service of food and with the requirements
of NAC 446.946 to 446.9472,
inclusive. The health authority may establish additional requirements for a
portable unit for service of food if necessary to protect against hazards to
health.

1. May only be used to serve a menu that has
been approved by the health authority. The menu must be comprised chiefly of
foods that are not potentially hazardous foods, such as beverages and baked
foods.

2. Must have:

(a) A refrigerator which is large enough to store
safely all potentially hazardous foods carried on the unit. The refrigerator
must have a thermometer that is accurate to plus or minus 2°F (1°C), and if any
shelving is contained in the refrigerator, it must be constructed of metal or
plastic.

(b) A tank which can supply an adequate amount of
potable water to wash hands, prepare food and clean utensils and equipment, and
a heater which can produce enough hot water for these purposes. The hoses used
to fill the tank must have been used for no other purpose and must be approved
for use with potable water, permanently and distinctly labeled for such use,
used for no other purpose and stored in a manner that protects them from
contamination.

(c) A convenient facility with hot and cold
pressurized running water, soap and a supply of sanitary paper towels for
washing hands.

(d) A tank for wastewater with a capacity at least
equal to the capacity of the tank for potable water. The wastewater must be
emptied and flushed into a sanitary sewer that has been approved by the health
authority. The tank must be emptied at least daily or as often as is necessary
to prevent overflowing, the development of odors or the attraction of vermin.
Hoses used to drain or flush the wastewater must be permanently and distinctly
labeled for such use, used for no other purpose and stored in a manner that
protects them from contamination.

(e) A covered receptacle for refuse located
adjacent to the unit. The receptacle must be of sufficient size for daily needs
and must be constructed, designed and placed so it can be easily cleaned and
does not create a nuisance. Receptacles intended for use by customers must have
large, legible signs on the covers stating “Deposit Trash Here” or similar
wording that has been approved by the health authority.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.9464Toilet facilities. (NRS 439.150, 439.200, 446.940)A toilet facility for
employees who work at a portable unit for service of food must be conveniently
located within the building where the portable unit is located and open for use
by such employees during all hours of operation. The facility must be equipped
with a sink with hot and cold pressurized running water, soap and a supply of
sanitary paper towels for washing hands.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.9466Proposed changes required to be submitted to health authority. (NRS 439.150,
439.200, 446.940)The holder of a permit for
the operation of a food establishment shall obtain approval from the health
authority before making any changes to the equipment, operation or menu of a
portable unit for service of food or to the food establishment or servicing
depot in which the portable unit is located.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.9468Cleaning and sanitizing of surfaces. (NRS 439.150,
439.200, 446.940)The holder of a permit for
the operation of a food establishment shall, at least daily, clean and sanitize
the surfaces which may come into contact with food on a portable unit for
service of food by using the sink with three compartments in the servicing
depot or food establishment in which the portable unit is located. If the
portable unit has an integral cleaning and sanitizing system built into the
unit, it must be operated so that the surfaces which may come into contact with
food are cleaned daily.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.947Items intended for a single use.
(NRS 439.150, 439.200, 446.940)Items intended for a
single use, including, but not limited to, cups, stirring sticks, trays,
flatware, napkins and plates, must be dispensed at a portable unit for service
of food in a manner which protects them from contamination and excessive
handling. These articles must not be stored under exposed water and drainage
lines such as those located in the lower interior portions of the portable unit
for service of food.

(Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.9472Display and service of baked goods. (NRS 439.150,
439.200, 446.940)Baked goods served at a
portable unit for service of food, including, but not limited to, pastries,
cookies and donuts, must be displayed under a cover or in a display case that
has been approved by the health authority. The person in charge at the portable
unit shall serve the baked goods using tongs or other devices that minimize or
eliminate human contact with the baked goods.

2. If, after September 16, 1992, a food
processing establishment is constructed or extensively remodeled, or if an
existing structure is converted for use as a food processing establishment,
properly prepared plans and specifications for such construction, remodeling or
alteration showing layout, arrangement and construction materials of work areas
and the location, size and type of fixed equipment and facilities must be
submitted to the health authority for approval before such work is begun. Where
full-time city, county or district health departments exist, such plans and
specifications must be submitted to such health authorities for approval before
such work is begun. Such plans must be accompanied by a detailed description of
the operation of food processing and any other documentation required by the
health authority, including:

(a) The food to be handled, processed or packaged.

(b) Any label for packaging which has been proposed
for a food product. Such a label must be reviewed and approved by the health authority
and any fees required must be paid before the label may be used.

(c) A description of all of the steps required to
process each food product. The description must include:

(1) The amount of time required for each step;

(2) The amount of time required between each
step;

(3) Proposed temperatures of the food product;

(4) Rates of cooling and heating the food
product; and

(5) The process for handling food by employees
of the establishment.

(d) If the processing involves heating or cooling
food products, the methods used, such as ovens, warmers, blast chillers,
walk-in refrigerators and similar equipment. Such methods must be approved by
the health authority.

3. If the processing involves potentially
hazardous food or if the steps are critical in regard to bacterial growth, the
health authority may require supporting laboratory data, including, without
limitation:

(a) The results of a pH test;

(b) The results of a bacterial culture test;

(c) The results of a water activity test;

(d) A determination of the level of salinity;

(e) An analysis of the cooling or heating
temperature used for the food product; and

(f) A complete program for the analysis of hazards
and critical control points for food processing.

4. Any information required by the
provisions of this section must be reviewed and approved by the health
authority, in writing, before a plan required by subsection 2 may be carried
out. Additional documentation or information may be required by the health
authority before the approval is granted.

5. If there is a change in any of the
information required by this section, the applicant must submit an amended
statement of information to the health authority for written approval before
the new or modified process may be carried out.

(Added to NAC by Bd. of Health, eff. 9-16-92; A 5-23-96)

NAC 446.960Food processing establishments: Instruction or training of
operator when anaerobic process or result involved. (NRS 439.150,
439.200, 446.940)If a food processing
establishment processes any canned food with a low level of acidity or any other
food that involves an anaerobic process or result, the operator of the
establishment must complete a certified course of instruction or training that
has been approved by the health authority.